Minority Representation and the Quest for Voting Equality

Front Cover
Cambridge University Press, 1992 - History - 174 pages
With 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
References
154
Index of cases
163
Index
165
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