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Introduction -- Congressional Districts -- Political question -- One person, one vote -- State Legislative Districts -- Gerrymandering -- Manageable standard for resolving gerrymandering -- Conclusion.
The Democratic National Committee chair and Florida Congresswoman calls for strategic changes in such areas as energy, healthcare, and the economy to secure American livelihoods and stability for the next generation.
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."
Publisher Description.
"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--
For years Mark Monmonier, "a prose stylist of no mean ability or charm" according to the Washington Post, has delighted readers with his insightful understanding of cartography as an art and technology that is both deceptive and revealing. Now he turns his focus to the story of political cartography and the redrawing of congressional districts. His title Bushmanders and Bullwinkles combines gerrymander with the surname of the president who actively tolerated racial gerrymandering and draws attention to the ridiculously shaped congressional districts that evoke the antlers of the moose who shared the cartoon spotlight with Rocky the Flying Squirrel. Written from the perspective of a cartographer rather than a political scientist, Bushmanders and Bullwinkles examines the political tales maps tell when votes and power are at stake. Monmonier shows how redistricting committees carve out favorable election districts for themselves and their allies; how disgruntled politicians use shape to challenge alleged racial gerrymanders; and how geographic information systems can make reapportionment a controversial process with outrageous products. He also explores controversies over the proper roles of natural boundaries, media maps, census enumeration, and ethnic identity. Raising important questions about Supreme Court decisions in regulating redistricting, Monmonier asks if the focus on form rather than function may be little more than a distraction from larger issues like election reform. Characterized by the same wit and clarity as Monmonier's previous books, Bushmanders and Bullwinkles is essential background for understanding what might prove the most contentious political debate of the new decade.
"Explores one of the most important questions in American politics--how we narrow the list of presidential candidates every four years. Focuses on how presidential candidates have sought to alter the rules in their favor and how their failures and successes have led to even more change"--Provided by publisher.
Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.
In 1812 the Jeffersonian-dominated Massachusetts legislature, with the approval of Governor Elbridge Gerry, split Essex County in an effort to dilute the strength of the Federalists. Noting the resemblance of the new, oddly shaped district to a well-known amphibian, a local newspaper dubbed the creation a "gerrymander." Less well known about this oft-recounted episode of American history, writes political scientist Mark Rush, is its outcome: in the ensuing election, the Federalists won the district anyway. Today, politically divisive redistricting--gerrymandering to some--still causes bitter reapportionment disputes, renewed threats of class action lawsuits, and legislative wrangling. In Does Redistricting Make a Difference? Rush offers a skeptical inquiry into this controversy and a critical assessment of the assumptions underlying current analyses of the redistricting process. He focuses on long-term voting results in redrawn districts and concludes that redistricting--at least given present criteria and guidelines--has little impact. By showing how difficult it is to perpetrate a successful partisan gerrymander, Rush challenges the notion that an electorate can be organized into Democratic and Republican "groups." He further questions the validity of current political research--and highly paid political consulting--undertaken on the assumption that such organization is feasible. Certain to provoke discussion and debate, Does Redistricting make a Difference? is a timely look at a topic as controversial today as it was in the days of Elbridge Gerry.
A leading text by a prominent scholar, Constitutional Law is known for its concise, comprehensive, and student-friendly presentation. Professor Chemerinsky's frame of reference coupled with rich background information make the law more readily understood. Influenced by 40+ years of teaching, Constitutional Law is dedicated to students who have consistently expressed a preference for straightforward and accessible content. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher’s Manual and Annual Case Supplement round out this acclaimed text. New to the Seventh Edition: Constitutional law has dramatically changed in the last few years. Changes in the law have required revisions throughout, creating a significantly different book than its predecessors. Since the sixth edition the Supreme Court has Overruled of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization Expanded Second Amendment rights in New York State Rifle and Pistol Association v. Bruen Effectively eliminated affirmative action in Students for Fair Admission v. University of North Carolina and Students for Fair Admission v. Harvard University Changed the law concerning the religion clauses of the First Amendment in cases such as Kennedy v. Bremerton School District, Carson v. Makin, and Fulton v. City of Philadelphia In addition to the revisions necessitated by these updates to the law, the book has been carefully and thoroughly edited. A new design has been adopted to make navigating notes and cases more straightforward. The overall approach of the book remains the same providing professors and students with: Focus on three types of material: major cases, heavily edited secondary cases, and essays Essays that provide context with historical background, development of the law in areas cases are not directly presented, and summaries of scholarly debates Straightforward, accessible prose Flexible organization Cases and materials edited to be as ideologically neutral as possible