Minority Representation and the Quest for Voting Equality by Bernard Grofman

By Bernard Grofman

This e-book is the main updated therapy of balloting rights legislation and the varied controversies surrounding minority illustration. Written by way of authors with first-hand event within the case legislations, the ebook information the evolution of the legislation and precedent from 1965 ahead. The authors clarify the elemental common sense underlying the foremost judgements, introduce the reader to the systems for constructing criteria of illustration and measuring discrimination, and speak about the main issues of contemporary competition. within the concluding bankruptcy, the authors deal with the consequences of the new advancements in vote casting rights legislations for the way forward for illustration in the USA.

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Extra resources for Minority Representation and the Quest for Voting Equality

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Vote dilution: the right to vote versus the right to representation At one level, then, the right of minorities to register and to vote has been largely achieved. To be sure, there is some continued discrimination involving even this basic right. 21 And one can argue that the government should take an active role in encouraging minority registration and voting rather than simply removing the barriers to participation (Jones, 1985). Nevertheless, vast strides have been taken; the enormous barriers to registration and voting that existed up to the 1960s have been removed, and by comparison with earlier periods, electoral participation by African-Americans is very high.

5 Second, Section 5 applies only to proposed changes in districting. In particular, voting laws and practices adopted before 1964, when Section 5 of the act went into effect (or before a jurisdiction's inclusion under Section 5 of the act), are not subject to challenge. Third, until the mid-1980s, the only test for a Section 5 violation other than intentional discrimination was a test for retrogression, in which a change was held to be violative if, and only if, it led to a deterioration (retrogression) in minority representation.

As thus refined, the Whitcomb-White-Zimmer approach continued to be utilized by the courts, with its supporters asserting that it provided a "flexible, fact-specific, precise and workable" standard (Parker, 1983, p. 725). However, in 1980 this approach to vote dilution was dramatically altered by the Supreme Court in City of Mobile v. Bolden. In this decision, the Court rejected the evidentiary standards developed in Zimmer and declared that proof of discriminatory intent was required for plaintiffs to prevail in a constitutional vote dilution claim.

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