Law Commons^™

Enclave Districting, Henry L. Chambers

William & Mary Bill of Rights Journal

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished.

In the wake of the Supreme Court's suggestion that representation should focus on …

Tyranny Of The Judiciary: Judicial Dilution Of Consent Under Section 2 Of The Voting Rights Act, James Thomas Tucker

William & Mary Bill of Rights Journal

"Every man takes the arm of the law for his protections as more effectual than his own, and therefore every man has an equal right in the formation of the government and of the laws by which he is to be governed and judged "' When Thomas Paine wrote these words over two hundred years ago, he captured the essence of American democracy. Having a voice in government means more than merely casting a ballot. Instead, the basic right of all qualified citizens to grant or withhold their consent mandates 'fair and effective representation ": a right to elect representatives …