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Dirty Thinking About Law And Democracy In Rucho V. Common Cause, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Dirty Thinking About Law And Democracy In Rucho V. Common Cause, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
In order to understand the division in Rucho and, as importantly, to understand why the plaintiffs in Rucho failed to win over the conservatives on the Court, we have to come to terms with these different worldviews on the Court. Is sordid politics an inherently necessary and arguably normatively good part of the political process, and thus a necessary part of our representative institutions? Relatedly, do substantive fairness principles exist—outside of race and the equal-population principle—that constrain political actors when they design electoral structures to favor themselves at the expense of their opponents? We take up these questions in the …
Slouching Toward Universality: A Brief History Of Race, Voting, And Political Participation, Luis Fuentes-Rohwer, Guy-Uriel Charles
Slouching Toward Universality: A Brief History Of Race, Voting, And Political Participation, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
In this brief history of race and voting in the United States, we look at five distinctive yet interrelated moments. The first is the founding period, a moment when the framers put our constitutional structure in place and set the initial federalist calculus in favor of the existing states. This is perhaps the most important moment in the story. The framers chose to allow the states to define the criteria for voting qualifications for federal elections. Instead of uniformity and centralization, they opted for diversity and decentralization. This is a choice that reverberates to this day. The second moment is …