Law Commons^™

Partisan Gerrymandering And The Right To Privacy, Ana Deckey

CMC Senior Theses

This paper argues that partisan gerrymanderers violate citizens’ right to privacy by using data containing sensitive information on citizens without a compelling state interest. It first details how partisan gerrymandering claims have been argued in Court in the past. Next, it discusses theories of the right to privacy, mainly exploring the tensions between James Madison’s writings on privacy and Warren and Brandeis’ famed The Right to Privacy. Then, I present originalist arguments for upholding the original meaning and principles of the right to privacy and the Fourth and Fourteenth Amendments before walking through case law related to privacy and …

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …

Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption, Hannah S. Fullerton

Scripps Senior Theses

In 2010, our definition of democracy in America was drastically changed by the Supreme Court case Citizens United v. FEC. The Court ruled that under the First Amendment, corporations have the right to free speech. The decision removed the final ban on corporations, which prohibited corporate money used for direct advocacy. The consequences of this have been tremendous. The decision has allowed for the creation and rise of Super PACs and political active nonprofits. As a result, Super PACs and nonprofits now act as “shadow campaigns”. Outside groups have the ability to engage in voter suppression tactics without politically hurting …

Mississippi Redistricting 1977-1980, Thomas B. Hofeller

CGU Theses & Dissertations

This is a study of the 1977-78 redistricting of the Mississippi State Legislature. It was a process that saw the culmination of a struggle between the civil rights forces and the "Establishment" in Mississippi, but its origins span almost the entire period of the "reapportionment revolution" in the United States.

California Congressional Reapportionment, Thomas B. Hofeller

CGU Theses & Dissertations

We now find ourselves at the end of the first redistricting following the so called "Reapportionment Revolution." There is, however, considerable disagreement defining its scope and the wisdom of its continuation. This paper reviews the effects of this revolution on this state. It outlines the development of the Court's involvement in redistricting and discusses the virtues of the Court's resistance of further involvement in this difficult question.

California's congressional redistricting history is reviewed from statehood to the present. Special attention is given to 1965, 1971, and 1973. The role of the computer is reviewed, both as an academic and political …