Minority Representation and the Quest for Voting EqualityWith the passage of the Voting Rights Act in 1965, the right of minorities to register and vote was largely secured. It was soon discovered, however, that minority voting did not guarantee the election of minorities or minority-preferred candidates. Indeed, efforts by states and localities in the second half of the 1960s were aimed at denying any substantial minority representation to go along with the ability to cast ballots. Eventually congressional amendments to the Act along with the Supreme Court opinion in Thornburg v. Gingles (1986) have led to efforts to eliminate electoral laws that have the effect of diluting the minority vote, whether or not they were enacted with discriminatory intent. Controversy still surrounds the matter of minority representation, however, because of the ambiguity of certain aspects of the law and because of problems in applying it to the largely single-member district context of the 1990s. This book is the most up-to-date treatment of voting rights law and the numerous controversies surrounding minority representation. The authors have extensive, firsthand experience in both the legal battles and the scholarly examination of these issues. Based on this wealth of experience, they describe the development of the law after 1965, discuss in detail the prevailing Supreme Court interpretation of the Voting Rights Act, and examine discrepancies in federal court interpretations of subsequent actions. They also introduce the reader to technical procedures for establishing standards of representation and measuring discrimination. In the final two chapters, they consider the application of voting rights law to districting in the 1990s along with the implications of recent developments for the future of representation in America. |
Contents
Introduction | 1 |
The Right to Vote and the Right to Representation | 4 |
The 1965 Voting Rights Act | 15 |
The Right to Vote Versus the Right to Representation | 23 |
The Evolution of a Vote Dilution Standard Through 1986 | 29 |
Section 5 Protection Against Vote Dilution | 30 |
Constitutional Protection Against Vote Dilution | 31 |
The 1982 Amendments to the Voting Rights Act | 38 |
Problems in Interpreting Racial Polarization | 98 |
How Reliable Are Estimates of Racial Bloc Voting? | 103 |
Other Elements of the Totality of the Circumstances | 105 |
Vote Dilution in SingleMember Districts and Other Issues of the 1990s | 109 |
Considerations of Size | 110 |
Identifying Racial Gerrymanders | 113 |
Influence Districts | 117 |
An Equal Opportunity to Elect Candidates of Choice | 118 |
The Lower Courts Consider Amended Section 2 | 42 |
Thornburg v Gingles | 47 |
The Vote Dilution Standard in the PostGingles Era Clarifications and Complications in the Lower Courts | 61 |
What Constitutes a Sufficiently Large and Geographically Compact Minority Group? | 62 |
When Is a Minority Group Politically Cohesive? | 67 |
How Does One Determine When the White Majority Votes Sufficiently as a Bloc to Enable it Usually to Defeat the Minoritys Preferred Candidate? | 73 |
Defining and Measuring Racially Polarized Voting and Other Elements of the Totality of the Circumstances | 82 |
Defining Racial Bloc Voting | 83 |
Measuring Individual Voting Behavior | 84 |
Commonsense Checks on Estimates of Bloc Voting | 88 |
Problems of Data Availability | 93 |
Special Issues | 96 |
Runoff Elections | 122 |
Standards Other Than the SingleMember District | 124 |
The Voting Rights Act and the Realistic Politics of Second Best An Optimistic Look to the Future | 129 |
A Colorblind Society Versus the Institutionalization of RacialEthnic Divisions | 131 |
The Specter of Proportional Representation | 132 |
The Voting Rights Act and the Future of American Politics | 134 |
Notes | 138 |
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165 | |
Other editions - View all
Minority Representation and the Quest for Voting Equality Bernard Grofman,Lisa Handley,Richard G. Niemi No preview available - 1992 |
Common terms and phrases
appeals at-large election Baytown black candidate black voters blacks and Hispanics Bolden candidates of choice Carolina census challenge City civil rights Congress consider correlation decision discrimination district court ecological regression effects elect candidates electoral Eleventh Circuit estimate evidence expert witness F.Supp federal Fifteenth Amendment Fifth Circuit Garza Gingles factors Gingles test Grofman Hardee County Hispanic intent issue jurisdiction Justice Brennan legislative Liberty County litigation lower courts Marengo County minority candidates minority group minority population minority voting minority-preferred candidates Mississippi multimember districts nonminority North Carolina officials opinion percent percentage plaintiffs plurality politically cohesive poll primary prong of Gingles proportional representation race racial bloc voting racially polarized voting registered voters registration relevant right to vote runoff Section 2 violation Senate Report factors South statistical Supreme Court Thornburg turnout U.S. Senate vote dilution vote dilution claim voting behavior voting patterns Voting Rights Act voting-age population white candidates white voters