Book contents
- Frontmatter
- Contents
- Preface
- Prologue: Bush v. Gore
- Introduction: The Dynamic Constitution
- Part I Individual Rights Under the Constitution
- Part II The Constitutional Separation of Powers
- Part III Further Issues of Constitutional Structure and Individual Rights
- 10 Elections, Political Democracy, and the Constitution
- 11 Structural Limits on State Power and Resulting Individual Rights
- 12 The Constitution in War and Emergency
- 13 The Reach of the Constitution and Congress's Enforcement Power
- 14 Conclusion
- Appendix: The Constitution of the United States
- Notes
- Index
10 - Elections, Political Democracy, and the Constitution
Published online by Cambridge University Press: 25 July 2009
- Frontmatter
- Contents
- Preface
- Prologue: Bush v. Gore
- Introduction: The Dynamic Constitution
- Part I Individual Rights Under the Constitution
- Part II The Constitutional Separation of Powers
- Part III Further Issues of Constitutional Structure and Individual Rights
- 10 Elections, Political Democracy, and the Constitution
- 11 Structural Limits on State Power and Resulting Individual Rights
- 12 The Constitution in War and Emergency
- 13 The Reach of the Constitution and Congress's Enforcement Power
- 14 Conclusion
- Appendix: The Constitution of the United States
- Notes
- Index
Summary
[S]tatutes distributing the franchise [or right to vote] constitute the foundation of our representative society. Any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials undermines the legitimacy of representative government.
– Chief Justice Earl WarrenIn 1980, whenCity of Mobile v. Bolden came before the Supreme Court, the city of Mobile, Alabama, had been governed since 1911 by a City Commission consisting of three members, all elected by the voters at large. Slightly more than one-third of those voters were African American. Yet in the sixty-nine years between 1911 and 1980, not a single African American had ever won election to the City Commission. Two factors handicapped African American candidates. First, white voters tended to vote for whites and against blacks. Indeed, the pattern appears to have been one of “racially polarized voting” in which white voters tended to vote against African Americans' candidates of choice even when most African Americans supported a white candidate. Second, the city's at-large voting structure permitted white votes to dominate black votes for every seat on the Commission. If the city had been divided into three separate voting districts, each electing its own city commissioner, it would have been easy to create a predominantly African American district. The city's African American minority then would have had a chance at electoral representation.
- Type
- Chapter
- Information
- The Dynamic ConstitutionAn Introduction to American Constitutional Law, pp. 207 - 224Publisher: Cambridge University PressPrint publication year: 2004