Download Political Gerrymandering and the Courts by Bernard Grofman PDF

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By Bernard Grofman

"Specialists in election legislations and politics probably want to purchase and soak up this e-book. i do know of no larger survey of the that means and goal of the courtroom in Bandemer and the constitutional terrain it has formed for redistricting within the 90s." - The legislations and Politics overview

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The theme of ”fair representation’’ pervaded these opinions. In his concurrence, Justice Stevens insisted that “political gerrymandering is one form of ’vote dilution’ that is proscribed by the Equal Protection Clause,” adding: ”The major shortcoming of the numerical standard is its failure to take account of other relevant-indeed, more important-criteria relating to the fairness of group participation in the political process” (p. 753). Dissenting for himself and three others, Justice White quoted Earl Warren’s words in Reynolds v.

9) Democratic legislative leaders admitted that the bill’s aim was partisan. House Speaker Dailey, asked in his deposition about the motivations underlying certain districts, responded, “we wanted to save as many incumbent Republicans as possible’’ (Bandemer,p. 1487). Also, relevant to intent was (10) “The absence of clear policy statements about the general criteria that shaped the plan from either the debate on the bills or the documents presented to the court” (Bandemer, p. 1485). The Supreme Court accepted the lower court’s finding of discriminatory intent (Davis v.

Bandemer have been exaggerated by both proponents and opponents of the decision. By rejecting the over-broad test of the district court majority, and replacing it with the three-pronged test identified above, the Supreme Court has narrowed the scope of plausible gerrymandering challenges to those that are the most egregious. Since most state legislative redistricting and congressional plans are bipartisan #’sweetheart deals” which appear exempt from attack under Bandemer, few such plans are likely to be rejected (see Mann, 1987), although at-large state or local elections where partisan submergence is at issue may well come under successful challenge.

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