By Bernard Grofman
This ebook is the main up to date remedy of balloting rights legislations and the varied controversies surrounding minority illustration. Written through authors with first-hand adventure within the case legislation, the ebook information the evolution of the legislations and precedent from 1965 ahead. The authors clarify the elemental good judgment underlying the most important judgements, introduce the reader to the approaches for constructing criteria of illustration and measuring discrimination, and speak about the most important issues of contemporary rivalry. within the concluding bankruptcy, the authors tackle the consequences of the new advancements in vote casting rights legislations for the way forward for illustration in the United States.
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Extra info for Minority Representation and the Quest for Voting Equality
Senate, 1982, p. 2). Congress dictates a vote dilution standard: the 1982 amendments to the Voting Rights Act In one sense the Supreme Court's decision in Mobile v. Bolden (1980) was well timed. The special provisions of the Voting Rights Act, having been extended for seven years in 1975, were due to expire in August 1982. The need to consider extending the Voting Rights Act by that date offered critics of the decision an opportunity to formulate a statutory bypass around it. " Although Section 2 was not a special provision of the act and was not due to expire, it provided a handy vehicle for legislative modification of the Bolden intent standard.
S. Senate, 1982, p. 28), as are listed in the Senate report. Proof of a violation of Section 2 in a given jurisdiction might include "a variety" of the following factors: 1. the extent of any history of official discrimination . that touched the right of the members of the minority group to register, to vote, or otherwise to participate in the democratic process; 2. the extent to which voting in elections . . is racially polarized; 3. the extent to which the state or political subdivision has used unusually large election districts, majority vote requirements, anti-single shot provisions, or other voting practices or procedures that may enhance the opportunity for discrimination against the minority group; 4.
Justice White, author of the White decision, dissented from the plurality, calling the plurality's opinion "flatly inconsistent" with White. He adopted the Fifth Circuit's view that the Zimmer factors provided inferences of discriminatory purpose. Justices Marshall and Brennan, in an opinion delivered by Justice Marshall, issued a vociferous dissent in which they asserted that the Fourteenth and Fifteenth amendments outlawed all laws that, intentionally or otherwise, lessened the impact of every citizen's vote; thus, according to Marshall, "vote-dilution decisions require only a showing of discriminatory impact to justify the invalidation of a multimember districting scheme" (p.
Minority Representation and the Quest for Voting Equality by Bernard Grofman