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"The inside story of the Supreme Court decisions that brought true democracy to the United States Today, Earl Warren is recalled as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his court's greatest accomplishment was establishing the principle of "one person, one vote" in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States. On Democracy's Doorstep tells the story of this crucial--and neglected--episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step "toward establishing democracy in the United States." But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition--just one short of the two-thirds required"--
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Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power. Matthew E. K. Hall finds that the Court tends to exercise power successfully when lower courts can directly implement its rulings; however, when the Court must rely on non-court actors to implement its decisions, its success depends on the popularity of those decisions. Overall, this theory depicts the Court as a powerful institution, capable of exerting significant influence over social change.
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.
No subject is more central to the study of politics than elections. All across the globe, elections are a focal point for citizens, the media, and politicians long before--and sometimes long after--they occur. Electoral systems, the rules about how voters' preferences are translated into election results, profoundly shape the results not only of individual elections but also of many other important political outcomes, including party systems, candidate selection, and policy choices. Electoral systems have been a hot topic in established democracies from the UK and Italy to New Zealand and Japan. Even in the United States, events like the 2016 presidential election and court decisions such as Citizens United have sparked advocates to promote change in the Electoral College, redistricting, and campaign-finance rules. Elections and electoral systems have also intensified as a field of academic study, with groundbreaking work over the past decade sharpening our understanding of how electoral systems fundamentally shape the connections among citizens, government, and policy. This volume provides an in-depth exploration of the origins and effects of electoral systems.
Committee Serial No. 8. Considers proposals to establish Federal standards for states in drawing congressional districts in response to Supreme Court ruling in Westburry v Sanders asserting the "one man one vote" principle.
A history of re-apportionment in the United States. Fifty eight distinguished contributors show in a state-by-state format how re-apportionment has shaped the politics of the states, and how it continues to do so after a recent federal census. The balance of parties in both state and federal legislatures, the voice of minority groups, even the role of local governments can be manipulated by redistricting.
About the United States Supreme Court during Earl Warren's term as United States Chief Justice and its involvement in politics.
This open access book describes the differences in US census coverage, also referred to as “differential undercount”, by showing which groups have the highest net undercounts and which groups have the greatest undercount differentials, and discusses why such undercounts occur. In addition to focusing on measuring census coverage for several demographic characteristics, including age, gender, race, Hispanic origin status, and tenure, it also considers several of the main hard-to-count populations, such as immigrants, the homeless, the LBGT community, children in foster care, and the disabled. However, given the dearth of accurate undercount data for these groups, they are covered less comprehensively than those demographic groups for which there is reliable undercount data from the Census Bureau. This book is of interest to demographers, statisticians, survey methodologists, and all those interested in census coverage.