Midterm
What is an appellee?
The party against whom an appeal is filed
What is the caveat to the 1982 Amendment to Section 2?
"Nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population"
What are the four prongs for bailout?
1. Has not used a "test or device" to determine voter eligibility in past 10 years 2. No court has concluded that there have been racially discriminatory voting practices in the past 10 years 3. There have been no preclearance objections in the past 10 years 4. Discriminatory election practices have been abolished and there have been active efforts to improve voter participation.
When can state apportionment plans on Equal Protection be challenged?
1. It is not a political question 2. Standing is founded on the right to vote 3. The one-person, one-vote rule is violated if an apportionment plan dilutes the vote of an eligible voter based on his or her location
To avoid violating the Equal Protection Clause, the law must demonstrate that
1. It serves a compelling state interest 2. Is narrowly tailor and uses the least restrictive means to achieve that interest
Gingles test
1. The minority group is "sufficiently numerous and compact to form a majority in the district 2. The minority group is politically cohesive 3. The majority votes sufficiently as a bloc to enable it to defat the minority's preferred candidate
Harper v Virginia Board of Elections and Kramer v. Union Free School District No.15 rely on what constitutional amendment to strike down state laws that restrict voting
14th Amendment
What is the last election date Section 4 used? How many more years were extended in 2006?
1972 and 25
Supreme Court decision in Avery v Midland County?
5-3 Decision for Avery
What was the result of Shaw v Reno?
5-4 Decision for Shaw, saying they can't draw districts based on racial gerrymandering - Remands case to lower court
What is the decision in Alabama Caucus v Alabama?
5-4 decision for Alabama Black Caucus, said they should've looked at racial gerrymandering in specific locations instead of the whole state
What was the SCOTUS decision in Bartlett v Strickland?
5-4 decision for Strickland saying that they didn't need to redistrict because the racial minority group would make up less than 50% of the population, only 30%, can't include crossover vote
What is the supreme court decision in Holder v Hall?
5-4 for Holder because there was no benchmark and Section 2 can't be applied because it wasn't a "standard, practice, or procedure".
What was the decision and dissent in Shelby County v Holder?
5-4 for Shelby County saying Section 4 of the VRA is unconstitutional. Thomas concurred that both Section 5 and Section 4 were unconstitutional and Ginsburg dissented saying Congress has the power to enforce the 14th and 15th Amendment which includes the VRA
What was the SCOTUS decision in Harper?
6-3, siding with Harper and overruling precedent
Supreme court decision for Allen v State?
7-2 for Allen, Warren used precedent of South Carolina v Katzenbach case was reversed and sent back down the lower cour
What is the Supreme Court decision in Johnson v DeGrandy?
7-2 for Johnson saying Section 2 was not violated and Gingles factors are not necessary sufficient because they didn't look at the totality of circumstances
What was the decision in Reynolds v Sims?
8-1 decisions siding with Sims and affirming Baker v Carr one person, one vote.
In Reynolds v. Sims, the Supreme Court ruled that A. Invidious debasement of the right to vote through malapportionment in state legislatures violates the Equal Protection Clause. B. Any legislative districting plan where the least populated district has a number of residents that is less than 70% of the of the total number of residents in the most populated district is unconstitutional. C. Both A and B D. Neither A nor B
A
What was Harper fighting against?
A $1.50 poll tax
Legacy of Georgia v Ashcroft?
A distracting plan can be non-retrogressive if the jurisdiction increases the number of "influence districts" or distrcts that elected candidates "sympathetic to the interests of minority voters" even if it reduced the ability of minority voters to elect candidates of their choice
Legacy of Reynolds v Sims?
Affirmed one person, one vote and the idea that representatives represent people and not trees or acres
Which case prevents states from using one person, one vote for racial gerrymandering?
Alabama Legislative Black Caucus v Alabama
What was Baker v Carr about? What did they cite?
Alleged that a 1901 law designed to apportion the seats for the State's General Assembly was ignored. Question if the Supreme Court had justridiction -14th Amendment
What is Allen v State Board of Election?
Allen & co said their states' proposed changes violated Section 5 and should require pre-approval
Which cases dealt with Section 5? (3)
Allen v State Board of Elections Beer v United States Georgia v Ashcroft
What does the Apportionment Act of 1911 and 1929 say?
Apportionment Act of 1929 says nothing about population, but the 1911 one discussed compact territory
What is Avery v Midland County? What did Avery cite?
Avery claimed the populations were not equal to the four districts elected the county commission. There were laws about state and federal elections but not local -14th Amendment
Which case had the legacy of equal populations for local elections?
Avery v Midland County
In Baker v. Carr, the Supreme Court ruled that A. Malapportionment in the Tennessee General Assembly violated the Equal Protection Clause. B. The question as to whether Equal Protection is denied by apportionment is justiciable. C. Both A and B D. Neither A nor B
B
Which case said there can't be crossover vote when drawing districts?
Bartlett v Strickland
What is Holder v Hall?
Black voters said the plan of a single commissioner violated their voting rights Section 2 of the VRA
What was the dissent in Reynolds v Sims?
Black's Dissent with an originalist interpretation saying the 14th Amendment didn't apply to voters rights, emphasis on states' rights
What was the precedent in Harper? Was it overruled or not?
Breedlove v Suttles and yes
What was Reynolds v. Sims? What did they cite?
Challenged the apportionment of the state legislature for having unequal populations, said their votes were being debased 14th Amendment
What law did Kramer cite in his defense?
Cited the Equal Protection Clause of the 14th Amendment
In Schuit and Rogowski (2016), the authors evaluate the effect of Section 5 of the Voting Rights Act by comparing __________ between covered districts and uncovered districts. (Be specific!)
Civil rights legislation
What was the case in Colegrove v Green?
Colegrave brought a suit against Illinois officials to stop them from holding a future election. Question if the Supreme Court has jurisdiction.
What is "legitimate state interest" when drawing districts?
Compactness, continuity, boundaries, communities of interest, incumbency protection, VRA, political interests
Which two cases struck down the 10% safe harbor?
Cox v Larios and Raleigh v Wake
What was Cox v Larios?
Cox was appealing a district court decision that GA'S newest distracting plan for Congress. Larios was accusing the state of partisan gerrymandering to help Democrats, even though the deviation was less than 10%
14th Amendment (when is it triggered)
Creates equal protection and tends to be triggered when a law creates a classification (treats people differently) -Most classifications do not violate the constitution as long is the law is related to a legitimate government interest
What are the two ways to control the effects of factions?
Democracy (problem of tyranny) Republic (best option)
What is Georgia v Ashcroft?
Democratic controlled GA legislature passed a plan that would spread the black vote so they would have more control, GA's Republican governor objected to this (used VRA)
What are the two ways to remove the cause of factions?
Destroying liberty Given every citizen the same opinion
Legacy of Evenwel v Abbott
Did not say IF they can draw lines based on voter populations
Dissent in Allen v State?
Dissent: Harlan said Section 5 only applied to registration laws and ballot counting laws and Black said Section 5 was unconstitutional
Dissent of Georgia v Ashcroft?
Dissenting was Soutler saying GA failed to carry this burden
What did Harper cite?
EPC of the 14th Amendment
17th Amendment
Established the direct election of senators (instead of being chosen by state legislatures)
Who has the power if there is a vacancy of representation of a state?
Executive Authority- Writs of Elections
In Georgia v Ashcroft, the Supreme Court ruled that the proposed GA plan submitted for preclearance was retrogressive.(TRUE/FALSE)
False
In Alabama Black Caucus v. Alabama, the Supreme Court ruled that Alabama's objective to maintain the minority population percentages in each district in order to avoid retrogression justified using race as a predominant factor for drawing districts. (TRUE/FALSE)
False
In Alabama Black Caucus v. Alabama, the Supreme Court rules that racial gerrymandering is justified as long as equal apportionment is the predominant objective over racial considerations. (TRUE/FALSE)
False
In Allen v State Board of Election, the Supreme Court established that jurisdictions covered by the Voting Rights Act do not have to seek AG approval or a declaratory judgement for changes in districting plans that might lead to vote dilution. (TRUE/FALSE)
False
In Avery v Midland County, the Supreme Court ruled that the 14th Amendment only protects voters from malapportionment in state legislatures. It does not protect voters from malapportionment in local governments. (TRUE/FALSE)
False
In Colegrove v. Green, the Supreme Court ruled that the Illinois Congressional districts violated the constitution and ordered the state to redraw the districts so that they are equally populated. (TRUE/FALSE)
False
In Cox v Larios, the Supreme Court established that districts deviating from population equality are unconstitutional as long as one can prove that the deviation is at least partly explained by political considerations. (TRUE/FALSE)
False
In Evenwel v Abbott, the Court rules that districting plans apportioned according to voter eligible populations rather than total populations are unconstitutional. (TRUE/FALSE)
False
In Holder v Hall, the Supreme Court ruled that the system of a single county commissioner in Bleckley County, GA is violative of Section 2 of the Voting Rights Act. (True/False)
False
In Kramer v. Union Free School District No.15, Kramer argues that because he resides in a house within School District No. 15 which he owns he should not be denied the right to vote in the school district election
False
In Schuit and Rogowski (2016), the authors conclude that Section 5 of the VRA had an insubstantial effect on minority representation. (TRUE/FALSE)
False
In Shaw v. Reno, the Supreme Court struck down the North Carolina plan as unconstitutional under the 14th Amendment. (TRUE/FALSE)
False
In Shelby County v Holder, the Supreme Court struck down section 5 of the Voting Rights Act as unconstitutional. (TRUE/FALSE)
False
The original Constitution states directly that all land-owning, male citizens have the right to vote in elections for federal office. (TRUE or FALSE)
False
In Kramer v. Union Free School District No.15, the Supreme Court rules that Literacy Tests violate the Equal Protection Clause of the 14th Amendment. (TRUE/FALSE)
False, the property/parenthood law is unconstitutional
Supreme court decision for Georgia v Ashcroft?
GA did carry the burden when showing non-regression, sided with Georgia
Breedlove v Suttles:
GA law for poll tax over men aged 21-60 because it was a discriminatory tax but not a discriminatory
Which case said there was a safe harbor of population deviance?
Gaffney v Cummings
19th Amendment
Gave women the right to vote
SCOTUS decision for Kramer?
HOLDING 5-3, Sided with Kramer and overruled the lower court's decision.
Dissent in Avery v Midland County?
Harlen, Stewart, and Fortas wrote the dissent saying the writ of certiorari was improvidently granted as the decision wasn't final yet in the lower court
What is Alabama Legislative Black Caucus v Alabama?
In 2012 the Alabama legislature redrew the districts with a goal of creating only 1% population deviance, which is objected by black voters
What do factions create?
Instability
Who wrote Federalist Paper 10
James Madison
According to Madison in Federalist 10, which form of popular government provides the best cure for the mischief of faction
Large republic
Why can't liberty be destroyed?
Liberty is to faction like air is to fire..it is essential to political life
26th Amendment
Lowered the voting age from 21 to 18
Why are republics better than democracies?
Madison says representatives can represent the public voice better than the people themselves and pure democracies are small
What was the legacy of Shelby County v Holder?
Making Section 4 unconstitutional makes Section 5 moot
What is Johnson v DeGrandy?
Minority voters and the federal government claim that Florida's reapportionment plan dilutes the voting strength of minorities in Dade County, using Section 2 of the VRA
What was Shaw v. Reno?
NC residents were objecting the new redistricting plan on the basis of racial gerrymandering
Did Baker v Carr determine whether malapportionment violated the Equal Protection Clause or a standard for evaluating districts?
No
Did Shelby Country seek bailout?
No
Can the causes of factions be removed?
No, only the effects can be controlled
What does it means for a case to be not moot?
Not already resolved
What is O'Connor worried about in regards to the Gingles test?
O'Connor is worried about tests for vote dilution leaning to proportional representation
What was the legacy of Baker v Carr
One person, one vote
What was the aftermath of Cox v Larios and Raleigh v Wake?
Opened the doors for courts to strike down partisan gerrymandering though one person one vote. Still doesn't have a legal standard, but tightens it
In Harper v Virginia Board of Elections, the Supreme Court rules that a _________ tax violates the Equal Protection Clause of the 14th Amendment
Poll
What is the legacy of Alabama Caucus v Alabama?
Prevents states from using one person, one vote for racial gerrymandering
What did the Alabama constitution say about districts (Reynolds v Sims)
Previously in Alabama, the constitution stated that there was one senator per district but said nothing about population
Can race be considered with drawing district plans? Even if what?
Race as the predominant factor without being narrowly tailored to meet a compelling government interests (strict scrutiny) violates the EPC of the 14th Amendment Racial gerrymandering in prohibited even if it enhances the vote of the minority racial group
Which case opened the doors for courts to strike down partisan gerrymandering though one person one vote?
Raleigh v Wake
What is the legacy of Bartlett v Strickland
Reaffirms Johnson v DeGrandy about totality of circumstance plus Gingles
What did Colegrove cite in his case?
Reapportionment Act of 1911/1929 and 14th Amendment
Why are larger republics better?
Representation is less likely to be captured by the few Reps are best among the many Diverse interests and therefore is less likely for a single faction to dominate
What was the precedent of Cox v Larios for Larios?
Reynolds v Sims
What is Wesberry v Sanders?
SCOTUS rules malapportionment in CDs is unconstitutional in GA
What is Miller v Johnson?
SCOTUS rules that this distancing plan is unconstitutional because it is clear race is the predominant factor
What was Harlan's dissent in Harper?
Said people who paid were more in support of state interests
What was the supreme court's decision in Baker v Carr?
Said they did have jurisdiction, 6-2 for Baker. This was justifiable for the court, cited the 14th Amendment. Overruled precedent
What law was Kramer fighting against?
Section 2012 that didn't allow him to vote in a school district election because he didn't own land and didn't have kids
Voting Rights Acts (1965) -Section 2 -Section 5
Section 2: prohibits "vote dilution", reiterates the 15th amendment Section 5: require some states to have pre-clearance form the Justice Department to enact laws that change procedures for the vote
Which case said racial gerrymandering was subject to strict scrutiny?
Shaw v Reno
What is Shelby County v Holder?
Shelby County said Section 4(b) was unconstitutional, looking at the 10th Amendment
What was the supreme court decision in Colegrove v Green? Why?
Sided with Illinois citing precedent in Wood v Broom and decline to get involved in state elections (Congress).
What was the decision in Cox v Larios?
Sided with Larios and struck down the 10% harbor
Supreme court decision in Raleigh Wake Citizens Associations v. Wake County
Sides with citizens which reaffirms Larios v Harris. Dissent saying the deviations are minor and it's difficult to be perfect. Just need to show a rational basis
Gaffney v. Cummings
State districting plans can deviate from mathematical equality without having to provide justification, 10% max
What is Bartlett v Strickland
Strickland said the redistricting plan was in violation of the NC Constitution
What was Beer v United States?
The Attorney General rejected both of NOLA's plans on account of vote dilution based on Section 2 and 5 of the VRA
Raleigh Wake Citizens Associations v. Wake County- what precedent?
The citizens of Wake County claimed the districts were unconstitutional Precedent of Reynolds v Sims
In Reynolds v Sims how does the SCOTUS relate the 14th Amendment?
They say this is a fundamental right strictly protected by the Equal Protection Clause, must make an honest and good faith to have equal population
What did Baker v Carr not do? What did it do?
This case did not determine whether malapportionment violated the Equal Protection Clause or a standard for evaluating districts 2. Say it was justiciable
What is Shaw v Reno NOT based on?
This case is not based on one person, one vote or vote dilution
What did the SC majority say for Kramer?
This law is excluding those who may be interested and including those who aren't
Which cases dealt with Section 2? (4)
Thornburg v Gingles Holder v Hall Johnson v DeGrandy Bartlett v Strickland
Legacy of Beer v US?
To trigger Section 5, change must result in a retrogression of the position of racial minorities
In Bartlett v Strickland, the Supreme Court defines what it means for a minority group to be sufficiently numerous to form a majority of a single-member district according to the preconditions set by Gingles. (TRUE/FALSE)
True
In Beer v United States, the Court finds that the New Orleans districting plan (Plan II) did not lead to a retrogression in the position of racial minorities to effectively exercise their right to vote. (TRUE/FALSE)
True
In Evenwel v Abbott, Evenwel is asking the Court to strike down the Texas Senate districting plan because the voter eligible population is unequally distributed across the districts and this violates the one- person, one-vote rule. (TRUE/FALSE)
True
In Georgia v Ashcroft, the proposed GA plan submitted for preclearance had fewer districts with a majority black population than the benchmark plan enacted in 1997. (TRUE/FALSE)
True
In Johnson v. De Grandy, the Supreme Court rules that Section 2 of the VRA does not require districting plans to maximize the number of majority-minority district. (TRUE/FALSE)
True
In Shaw v. Reno, the Supreme Court ruled that racial gerrymandering must be subject to Strict Scrutiny under the Equal Protection Clause. (TRUE/FALSE)
True
In Thornburg v. Gingles, the Supreme Court rules that a number of multimember districts in North Carolina's General Assembly are violative of Section 2 of the Voting Rights Act. (True/False)
True
In both Cox v Larios and in Raleigh Wake Citizens Assoc. v Raleigh County Board of Elections, the Court ultimately struck down districting plans that had a max population deviation less than 10%. (TRUE/FALSE)
True
n Shelby County v Holder, the Supreme Court struck down section 4 of the Voting Rights Act as unconstitutional. (TRUE/FALSE)
True
Supreme court decision for Thornburg v Gingles?
Unanimous for Gingles after Section 2 had been amendments to only needing a "discriminatory effect" and the "totality of circumstances"
What is the Gingles test vague in?
Vague with respect to determining sufficient number, compaceness, and voting blocs
Evenwel v Abbott (Texas) What did the voters cite?
Voters stated the interim plan, after the original one in 2010 was struck down for violating the VRA, was unconstitutional The Equal Protection Clause of the 14th Amendment
What did the dissent say in Kramer?
We allow states to discriminate based on residence, literacy, and age. How is this different?
What does the 1982 Amendment to Section 2 do?
allows for claims of vote denial and vote dilution
What was Black's dissent in Harper?
argued for stricter adherence to precedent and the 14th amendment, traditional view of the Constitution. Said it wasn't irrational or arbitrary -do explicit right to vote in the constitution
Burns v Richardson
case about being able to draw districts based on voting populations because of tourists in Hawaii
Section 4 of the VRA
covered jurisdictions or they have used a test or device, less than half of the voting age population is registered to vote, or less than half of the VAP voted in the presidential election of 1964
What does the constitution say about voting?
does not attempt to regulate who has the right to vote. Instead, those regulations are left up to the respective states
Harris v Arizona Independent Redistricting Commission (2016), what was this after?
even after Cox v Larios this partition plan was voted to okay unanimously by SCOTUS because it served a legitimate state interest
Strict Scrutiny
however, if the classification is "suspect" (like race or religion) or if the classification restricts a fundamental right (voting) then a stricter scenery is applied
Until DeGrandy how had lower courts been saying how redistricting plans should be drawn?
lower courts have been facing the maximum interpretation for how redistricting plans should be drawn
1982 Amendment to Section 2:
makes Section 2 have more power/bite, don't have to prove intent just effect with vote denial and vote dilution but doesn't say it has to be proportional
Section 2 of the VRA:
more detailed version of the 15th amendment, abridging the right of a citizen of the US to vote on account of race or color
Justiciability (4 things)
must have standing and 1. ripe 2. not moot 3. not a political question
What does it mean for a case to be a political question?
must not be a politically charged issue more appropriately addressed by the executive or legislature
Legacy of Johnson v DeGrandy?
need Gingles test plus the totality of circumstances
24th Amendment (and it's relation to Harper)
no poll taxes but only for federal elections, this was a state election
Section 5 of the VRA
preclearance if a justification is in the covered area through the courts or US Attorney General
What happened to plans after Shaw v Reno?
redistricting plans could also be struck down on account of racial gerrymandering
Vieth v Jubelirer (2004)
ruled that political districting alone was not justiciable.
What was the dissent in Baker v Carr?
said it was a political question and they didn't have jurisdiction
Legacy of Allen v State
said private parties could bring a suit about Section 5 and the district court would hear these cases about rule changes. All changes, no matter how small were subjected to Section 5, makes Section 5 more broad
What was the dissent in Colegrove v Green?
saying Illinois has not updated their districts since 1901
Supreme court decision in Evenwel v Abbott?
sided with TX, saying they could draw lines based off total populations because there was not a theory for the "one person, one vote"
What does it mean for a plaintiff to have standing?
suffered an actual harm and harm must be redressable
What is Thornburg v Gingles?
the NC General Assembly passed a redistricting plan that black voters in NC objected to based on the 14th/15th amendment and Section 2
What is an appellant?
the party filing the appeal
What the problem with the districts in Colegrove?
they were not compact, but there were no laws against this
Lassiter v Northampton County Board of Election
which said literacy tests did not violate the Equal Protection clause because they are not discriminatory
