Gerrymandering in America


Book Description

This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.




Redistricting


Book Description

A 2022 Choice Reviews Outstanding Academic Title This authoritative overview of election redistricting at the congressional, state legislative, and local level provides offers an overview of redistricting for students and practitioners. The updated second edition pays special attention to the significant redistricting controversies of the last decade, from the Supreme Court to state courts.




Resolving Gerrymandering


Book Description

Introduction -- Congressional Districts -- Political question -- One person, one vote -- State Legislative Districts -- Gerrymandering -- Manageable standard for resolving gerrymandering -- Conclusion.




The Fight to Vote


Book Description

On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.




One Person, One Vote


Book Description

A redistricting crisis is now upon us. This surprising, compelling book tells the history of how we got to this moment—from the Founding Fathers to today’s high-tech manipulation of election districts—and shows us as well how to protect our most sacred, hard-fought principle of one person, one vote. Here is THE book on gerrymandering for citizens, politicians, journalists, activists, and voters. “Seabrook’s lucid account of the origins and evolution of gerrymandering—the deliberate and partisan doctoring of district borders for electoral advantage—makes a potentially dry, wonky subject accessible and engaging for a broad audience.” —The New York Times Gerrymandering is the manipulation of election districts for partisan and political gain. Instead of voters picking the politicians they want, politicians pick the voters they need to get the election results they’re after. Surprisingly, gerrymandering has been around since before our nation’s founding. And with technology, those drawing the redistricting lines have, now more than ever, been able to microtarget their electoral manipulations with unprecedented levels of precision. Nick Seabrook, an authority on constitutional and election law and an expert on gerrymandering (pronounced with a hard G!), has written an illuminating, urgently needed book on how our elections have been rigged through redistricting, beginning with the Founding Fathers, Abraham Lincoln, the Civil War, and Reconstruction, and extending to the twentieth century’s gerrymandering battles at the Supreme Court and today’s high-tech manipulations of election districts. Seabrook writes of Patrick Henry, who used redistricting to settle an old score with political foe and fellow Founding Father James Madison (almost preventing the Bill of Rights from happening). He writes of Massachusetts governor Elbridge Gerry, and corrects the mistaken notion of the derivation of the term “gerrymander.” He writes of Abraham Lincoln and how his desire to preserve the Union led him to manipulate the admission of new states in order to maintain his majority in the Senate. And we come to understand the place of the Supreme Court in its fierce battles regarding gerrymandering throughout the twentieth century. First was Felix Frankfurter, who fought for decades to prevent the judiciary from involving itself in disputes concerning the drawing of districts. Then came the Warren Court and its series of civil rights cases culminating in the landmark decision (Reynolds v. Sims), written by Chief Justice Earl Warren, which says that state legislatures, unlike the United States Congress, must have representation in both houses based on districts containing equal populations—with redistricting as needed following each census. The result has been ever-increasing, hard-fought wrangling between the two political parties after each census. Seabrook explores the rise of the most partisan gerrymanders in American history, put into place by the Republican Party after the 2010 census, and how the battle has shifted to the states via REDMAP—the GOP’s successful strategy of the last decade to control state governments and rig the results of state legislative and congressional elections.




Constitutional Calculus


Book Description

How math trumps tradition in promoting justice, fairness, and a more stable democracy. How should we count the population of the United States? What would happen if we replaced the electoral college with a direct popular vote? What are the consequences of allowing unlimited partisan gerrymandering of congressional districts? Can six-person juries yield verdicts consistent with the needs of justice? Is it racist to stop and frisk minorities at a higher rate than non-minorities? These and other questions have long been the subject of legal and political debate and are routinely decided by lawyers, politicians, judges, and voters, mostly through an appeal to common sense and tradition. But mathematician Jeff Suzuki asserts that common sense is not so common, and traditions developed long ago in what was a mostly rural, mostly agricultural, mostly isolated nation of three million might not apply to a mostly urban, mostly industrial, mostly global nation of three hundred million. In Constitutional Calculus, Suzuki guides us through the U.S. Constitution and American history to show how mathematics reveals our flaws, finds the answers we need, and moves us closer to our ideals. From the first presidential veto to the debate over mandatory drug testing, the National Security Agency's surveillance program, and the fate of death row inmates, Suzuki draws us into real-world debates and then reveals how math offers a superior compass for decision-making. Relying on iconic cases, including the convictions of the Scottsboro boys, League of United Latin American Citizens v. Perry, and Floyd v. City of New York, Suzuki shows that more math can lead to better justice, greater fairness, and a more stable democracy. Whether you are fascinated by history, math, social justice, or government, your interest will be piqued and satisfied by the convincing case Suzuki makes.




Colorblind Injustice


Book Description

Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.




Gerrymander for Justice?


Book Description




51 Imperfect Solutions


Book Description

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.




Elbridge Gerry's Salamander


Book Description

Publisher Description.