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Election Law

Redistricting

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What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner Jan 2007

What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner

Journal Articles

A recent outpouring of public and academic criticism of gerrymandering raises difficult questions about when and under what circumstances the representation of political parties and their supporters can be considered fair. The difficulty is not, as Justice Kennedy recently suggested, that we lack consensual standards for evaluating the fairness of partisan representation. Such standards exist, but they tend to be subverted by the use of territorial districts. This occurs routinely because party and territory are conflicting and for the most part incommensurable principles upon which to found a system of legislative representation. The real question raised by gerrymandering is therefore …


Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner Jan 2006

Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner

Journal Articles

Since the founding, all gerrymandering of election districts, at both the state and congressional levels, has been accomplished by state actors operating almost exclusively under state law. State constitutions have often served as a first line of defense against publicly disfavored practices, and the treatment of gerrymandering is no exception. The state constitutional record reveals a gradual introduction, diffusion, and evolution of a wide variety of provisions intended to control gerrymandering, including requirements of contiguity, compactness, respect for local political boundaries, and preservation of communities of interest, among others. Indeed, such provisions have been validated by the U.S. Supreme Court …