GERRYMANDERING THE SUPREME COURT AND THE CONSTITUTIONAL REVOLUTION OF 2004

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Gerrymandering The Supreme Court And The Constitutional Revolution Of 2004

Author : Anthony J. McGann
ISBN : 9781107143258
Genre : Political Science
File Size : 53.5 MB
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This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.
Category: Political Science

Issues In Race And Ethnicity 6th Edition

Author : Congressional Quarterly, inc
ISBN : 9781452227818
Genre : Political Science
File Size : 20.76 MB
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This new sixth edition brings together nuanced treatment of some of todayÆs most pressing matters in the politics of race and ethnicity, from immigration policy and the changing demographics of the U.S. electorate to promoting racial diversity in public schools and the impact of hate speech. Sure to spark lively classroom discussion, Issues in Race and Ethnicity allows students to see an issue from all sides and examine how policy is made and implemented. Each chapter examines the key players, stakes, and lessons for the future, while covering the range of fact, analysis, and opinion surrounding each issue. For current coverage, your students will appreciate the balanced and unbiased reporting of CQ Researcher, along with the following useful features: a pron box that examines two competing sides of a single question; a detailed chronology; an annotated bibliography and web resources; and photos, charts, graphs, and maps. Customize your own book! Choose from an extensive collection of CQ Researcher articles and create the Issues in Race and Ethnicity that is perfect for your class. Find out more at custom.cqpress.com.
Category: Political Science

Party Lines

Author : Thomas E. Mann
ISBN : 0815797923
Genre : Political Science
File Size : 40.61 MB
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The legitimacy of the American electoral system depends on sustaining reasonable levels of fairness, accountability, responsiveness, and common sense. Recent Congressional elections fly in the face of those requirements, however, with a startling lack of competition, growing ideological polarization, and a fierce struggle between the parties to manipulate the electoral rules of the game. Party Lines addresses these problems head on in an authoritative and timely analysis of redistricting in the United States. The practice of state legislatures redrawing district lines after the decennial census has long been a controversial aspect of our governing system. Recent developments have added new urgency to earlier debates. The sorry spectacle of mid-decade partisan gerrymandering in Texas renewed public attention to the potential problems of redistricting, reinforcing the view that it is unfairly dominated by self-serving elected officials and parties. The perfunctory character of Congressional elections is another growing problem—in 2002, only four House incumbents were defeated in the general election, the lowest in American history. Despite a hotly contested presidential contest in 2004, that number increased by only three. In Pa rty Lines, eminent political analysts explain the legal and political history of redistricting since the one person–one vote revolution in the 1960s and place it in the larger context of American politics. The authors document the impact of redistricting on competition, polarization, and partisan fairness, and they assess the role technology played in the redistricting process. The final chapter analyzes options for reform, including most importantly the use of independent redistricting commissions as an alternative to the normal state legislative process. Redistricting reform is no panacea but it is a start toward ensuring that American voters still have the largest say in who will represent them. Contributors include Micah Altman (Harvard Universtity), Bruce Cain and Karin MacDonald (University of California, Berkeley),Cherie Maestas (Texas Tech), Sandy Maisel (Colby College), Thomas Mann (Brookings), Michael McDonald (George Mason University), Nathaniel Persily (University of Pennsylvania ), and Walter Stone (University of California, Davis).
Category: Political Science

Keeping Faith With The Constitution

Author : Goodwin Liu
ISBN : 0199752834
Genre : Political Science
File Size : 36.57 MB
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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Category: Political Science

The Rise And Fall Of War Crimes Trials

Author : Charles Anthony Smith
ISBN : 9781107023543
Genre : History
File Size : 25.94 MB
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This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.
Category: History

The Politics Of Size

Author : Rosemarie Zagarri
ISBN : 9781501711367
Genre : History
File Size : 53.92 MB
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Using concepts of historical geography, Rosemarie Zagarri examines how Americans' notions about space influenced the writing of the U.S. Constitution and the shaping of the nation's political institutions.
Category: History

Political Gerrymandering And The Courts

Author : Bernard Grofman
ISBN : 0875862667
Genre : Law
File Size : 39.9 MB
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This volume is motivated by three concerns. First is the belief that the issue of political gerrymander will play a significant (although far from dominant) role in redistricting litigation in the 1990s and thereafter. In the 1980s, the legislative and/or congressional redistricting plans of all but a handful of states were subject to lawsuits (Grofman, 1985a). Many of these lawsuits involved the issue of racial vote dilution (Grofman, Migalski, and Noviello, 1985). In the 1980s hundreds of local jurisdictions that used at-large or multimember district elections had their electoral system challenged OCo and most of the jurisdictions under challenge were forced to change their system to a single-member district plan that was not dilutive of minority voting strength (see, e.g., Brischetto and Grofman, 1988). Although partisan gerrymandering is less prevalent than racial vote dilution, in the 1990s we can expect to see challenges to partisan gerrymandering like those in the 1980s to racial vote dilution. In particular, numerous local jurisdictions that use partisan multimember district or at-large elections may be subject to challenge. Second, in commissioning essays I sought to involve a number of the leading scholars in the field so as to put together a largely selfcontained compendium of the major points of view on how issues of partisan gerrymandering are to be litigated. While the ultimate issues in constitutional interpretation are ones that the Supreme Court must resolve, and these will be resolved only after an extensive series of case-by-case adjudications-just as the actual numerical features of the one person, one vote standard evolved only in the decade of litigation after Baker v. Carr (Grofman, 1989a) OCo there is an important role for social scientists to play. Social science testimony proved important in the area of racial vote dilution by aiding courts to interpret the provisions of the Voting Rights Acts (e.g., in defining the operational meaning of terms like racially polarized voting; Grofman, Migalski, and Noviello, 1985; Grofman, 1989b). In like manner, I believe that research by social scientists will aid attorneys and the federal courts in specifying manageable standards to define and measure the effects of partisan gerrymandering. I hope this volume will prove instrumental as the beginning of such a dialogue. The third concern that motivated this volume is my view that egregious partisan gerrymandering is a violation of the Fourteenth Amendment rights of political groups, and that it is both appropriate and necessary for courts to intervene when such rights are significantly impaired. However, I recognize that the courts must steer a careful line so as to avoid encouraging frivolous lawsuits, while at the same time sending a clear message to potential gerrymanders that intentional egregious political gerrymanders, which eliminate competition and are built to be resistant to electoral tides, will be struck down. Court intervention to end egregious partisan gerrymandering is necessary for a number of reasons."
Category: Law

American Government

Author : Larry J. Sabato
ISBN : 0321317092
Genre : Political Science
File Size : 23.21 MB
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This new edition of the number one book in American government continues to provide the most current and engaging introduction available for the course and contains an entire unit devoted to Texas government and politics. Written with the belief that knowledge of the development of American government is integral to fully understand our current political system, "American Government: Continuity and Change" offers a strong historical perspective that highlights the evolution of government and engages students with examples relevant to their lives.
Category: Political Science

Phyllis Schlafly And Grassroots Conservatism

Author : Donald T. Critchlow
ISBN : 0691070024
Genre : Biography & Autobiography
File Size : 21.90 MB
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Considered by many as "the" symbol of the conservative movement in America, Schlafly is profiled in this provocative new book that sheds new light on her life and the role her grassroots activism played in transforming America's political landscape.
Category: Biography & Autobiography