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Passed in 1965 during the height of the Civil Rights movement, the Voting Rights Act (VRA) changed the face of the American electorate, dramatically increasing minority voting, especially in the South. While portions of the Act are permanent, certain provisions were set to expire in 2007. Reauthorization of these provisions passed by a wide margin in the House, and unanimously in the Senate, but the lopsided tally hid a deep and growing conflict. The Most Fundamental Right is an effort to understand the debate over the Act and its role in contemporary American democracy. Is the VRA the cornerstone of civil rights law that prevents unfair voting practices, or is it an anachronism that no longer serves American democracy? Divided into three sections, the book utilizes a point/counterpoint approach. Section 1 explains the legal and political context of the Act, providing important background for what follows; Section 2 pairs three debates concerning specific provisions or applications of the Act; while Section 3 offers commentaries on the previous chapters from attorneys with widely divergent viewpoints.
The United States Code, 2006 Edition, contains the General and Permanent Laws of the United States Enacted Through the 109th Congress (Ending January 3, 2007, the Last Law of Which was Signed on January 15, 2007).
Beyond the Voting Rights Act movingly recounts over 30 years of contemporary voting rights battles in the United States from the 1980s to the present day. The book places in context the modern-day battles against voter suppression laws that were embedded in American history and are still underway across the country. It tells a story of that struggle from the author’s perspective beginning as a young African American from Cleveland in the 1980s, who reluctantly became involved within this movement as a student activist and inadvertently rose to become an integral part of the ultimate legislative victory
Both the U.S. Supreme Court and the Congressional Black Caucus (CBC) claim to advocate minority political interests, yet they disagree over the intent and scope of the Voting Rights Act (VRA), as well as the interpretation of the equal protection clause of the 14th Amendment. Whereas the Court promotes color-blind policies, the CBC advocates race-based remedies. Setting this debate in the context of the history of black political thought, Rivers examines a series of high-profile districting cases, from Rodgers v. Lodge (1982) through NAMUDNO v. Holder (2009). She evaluates the competing approaches to racial equality and concludes, surprisingly, that an originalist, race-conscious interpretation of the 14th Amendment, along with a revised states' rights position regarding electoral districting, may better serve minority political interests.
Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of “static law.” In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or “in bad faith.”
Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: Up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes In-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades Comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct Consideration of various proposals for reforming the federal law-making process Professors and students will benefit from: The detailed descriptions of the law-making process within Congress Comprehensive analysis of the relative scope of major congressional powers Inside accounts of legislative activities, including committee and subcommittee work The use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures
This book offers a critical re-evaluation of three fundamental and interlocking themes in American democracy: the relationship between race and politics, the performance and reform of election systems and the role of courts in regulating the political process. This edited volume features contributions from some of the leading voices in election law and social science. The authors address the recurring questions for American democracy and identify new challenges for the twenty-first century. They not only consider where current policy and scholarship are headed, but also suggest where they ought to go over the next two decades. The book thus provides intellectual guideposts for future scholarship and policy making in American democracy.
For better and sometimes for worse, Congress is a reflection of the aspirations, wants, and priorities of the American people. It reflects the kaleidoscope of special interests and unselfish service to others, of favors sought and sacrifices made. During each two-year session of Congress, thousands of pieces of legislation are proposed, many hundreds are given serious consideration, but far fewer are eventually enacted into law. Most enactments have limited impact, affect few, and are quietly forgotten in the flow of legislative activity. However, a small number of laws have risen to the level of historical consequence. These are the laws that have shaped America, and they are the subject of this book. Which pieces of legislation were the most significant for the development of the nation? Which have had an immediate or lasting impact on our society? Which laws so affected us that we could not imagine how our lives would be without them? Dennis W. Johnson vividly portrays the story of fifteen major laws enacted over the course of two centuries of American democracy. For each law, he examines the forces and circumstances that led to its enactment--the power struggles between rival interests, the competition between lawmakers and the administration, the compromises and principled stands, and the impact of the legislation and its place in American history.
What are the voting behaviors of the various minority groups in the United States and how will they shape the elections of tomorrow? This book explores the history of minority voting blocs and their influence on future American elections. According to current scholarship, the Caucasian population of the United States is expected to be a minority by 2042. As the white majority disappears and politics shift with the changing tide, it is important to understand the voting behaviors of the significant minority voting blocs in the United States. In this book, a variety of voting blocs are examined: African Americans, women, Native Americans, Latinos (Mexicans, Cubans, Puerto Ricans), South Asians (Indians, Pakistanis, Bangladeshis), East Asians (Chinese, Japanese, Koreans), Filipinos, Pacific Islanders, Arab Americans, Muslim Americans, Jewish Americans, and the LGBT community. In addition to factual and historical information about the minority voting blocs, chapters also explore how Section 5 of the Voting Rights Act of 1965, felon disenfranchisement laws, and voter ID laws impact a minority group's voting rights. Finally, the authors and contributors anticipate which issues are likely to influence each group's voters and affect future elections.