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Previous work suggests that African American and Latino voters lack political cohesiveness. Recently, these findings have been cited by opponents of “minority aggregation,” which is the idea that African Americans and Latinos can be thought of as constituting a single “class of citizens” when filing claims under the Voting Rights Act. I replicate one influential study, Rocha (2007), with updated data and greater attentiveness to moderating conditions that are meaningful in voting rights law. My findings suggest African Americans and Latinos are more cohesive than previously thought, especially in majority–minority jurisdictions. Furthermore, cohesion cannot be explained solely by shared partisanship.
The 1971 passage of the Twenty-Sixth Amendment to the US Constitution was a significant step in advancing voting rights that offered a new route for young people to participate in public life. While met with enthusiasm in many quarters, the question of where a substantial segment of the youth vote—college students—would cast their ballots was a concern even before the amendment’s ratification. After ratification, it became a serious point of conflict, with opponents to college-town voting arguing that students should be forced to vote where their parents lived. In numerous towns these arguments turned to efforts to deny or complicate registration and voting, intimidate students, or gerrymander to reduce students’ influence. At times, these efforts were explicitly aimed at Black students. This article examines these efforts to prevent students from voting in their college towns in the 1970s, demonstrating that they could serve the strategy of disenfranchising the newly franchised.
In the aftermath of the United States’ 2020 presidential election, state legislatures have introduced and passed an unprecedented number of restrictive voting bills. While past research has looked at the state-level drivers of restrictive voting legislation, this project explores what factors predict which legislators within states push for these laws. Specifically, I ask whether district-level characteristics predict when lawmakers use bill sponsorship to send messages about their positions beyond those sent by simple roll-call votes. I use theories of geographical threat and racial resentment to predict where sponsorship of these bills is most likely. My results tie these theoretical expectations to observed legislative activity: the whitest state legislative districts in the least-white states were the most likely to be represented by lawmakers who sponsored restrictive bills, as were districts with the most racially resentful white residents. I conclude that, despite lawmakers justifying these restrictive laws by claiming that fraud is a major problem, race and racism are inherently tied to the introduction and passage of these bills. This raises important questions about commitments to multiracial democracy.
Debates on the proportionality of political representation surfaced repeatedly, and in similar forms, from the English to the American and French Revolutions. They contributed to shaping those revolutions’ outcomes and, through them, to the emergence of modern democracy – especially so as they were linked up with voting rights: demands to make seats in assemblies more numerically proportionate to electorates – in other words, to weigh all votes equally – implied the equal weight of individual votes and thus also entailed calls for more equal standards regarding the right to vote. This did not yet signify voting rights for all: only specific categories of individuals – as a rule, male and propertied – were considered, even by the most ‘enlightened’ writers, to be politically entitled. Nevertheless, it was only one step from here to envisage voting rights for all individuals – or at least, for the time being, for all male individuals – as can also be seen in all three revolutions. If claims for more proportional and equal representation showed their full impact only on the American and French Revolutions, finally, this was due to the intervening emergence of statistics (or ‘political arithmetic’) as a tool of reflection and debate that gave numbers and calculations increasing persuasive power.
This chapter argues that beneficiaries of social enterprises should be given decision-making powers. I examine two problems with restricting the decision-making powers to shareholders, that is, shareholders can exercise the governance rights to benefit themselves but at the expense of the constituencies that the social enterprise is set up to benefit; and it is odd for a social enterprise to claim that it seeks to pursue social welfare and to promote public benefit, and yet its beneficiaries have absolutely no say in how the social enterprise is being run. I then analyze three objections in giving beneficiaries decision-making powers, that is, it will be disruptive and inefficient; beneficiaries can act opportunistically; and only shareholders have the incentive and ability to monitor. Finally, I assess five different decision-making mechanisms, that is, beneficiary advisory panel; director appointed from the beneficiary advisory panel; appointing independent nonexecutive directors; beneficiaries as shareholders; appointing a regulator and public enforcement.
The year 1975 marked a watershed year for Spanish-surnamed people in the United States and their relationship with the federal government. In that year Congress extended the Voting Rights Act to include a “language minority” category, requiring federal election officials to translate election materials under certain conditions. By validating language rights for language minorities, Congress expanded federal voting protections far beyond African Americans. Advocates for Spanish speakers took up the cause before Congress, which created a new federally protected category based on the long history of discrimination in education and society they collected in testimonies. These language protections catered largely to Spanish speakers, though the category also included Alaska Natives, Native Americans, and Asian Americans. The process of gaining a separate language minority status is explored in this article, which explains how Congress chose to create a law that included Spanish speakers by name.
The Roberts Court has shifted power to the states to determine the boundaries of political power with Blacks and other discrete and insular minorities losing electoral power.
Traditionally, white radical Republicans like Charles Sumner and Thaddeus Stevens have been given the main credit for the work of Reconstruction that culminated with the ratification of the 14th and 15th Amendments. This chapter shifts the focus to consider the work of Frederick Douglass and other Black activists in contesting the racist president Andrew Johnson and applying pressure to the Republicans to bring about the full citizenship and enfranchisement of African Americans. Douglass had a dramatic 1866 meeting with Andrew Johnson in the White House, and he continued to apply pressure to Johnson and the Republicans over the next several years. The chapter considers some of Douglass’s most important Reconstruction writings, including his essays in the Atlantic Monthly, his great 1867 lecture “Sources of Danger to the Republic,” and the 1881 version of his Life and Times of Frederick Douglass.
Native allies are critical to the success of immigrants’ social movements in East Asian countries because of their relatively small number. However, it remains unclear whether advocacy messages from natives or from immigrants are more effective in changing natives’ attitudes toward supporting immigrant-oriented policies. We hypothesize, from the perspective of social identity theory, that the persuasiveness of a message varies, depending on the identity of the group sending the message—that is, whether it is an in-group or an out-group. To test this hypothesis, we conducted a survey experiment using the case of granting local voting rights to immigrants in Japan. We found that support for granting local voting rights to immigrants does not decrease when the Japanese hear advocacy messages from the Japanese, however, it does decrease when they hear messages from Korean immigrants who stand to benefit from the granting of local suffrage. These results suggest that natives’ advocacy messages may increase support for immigrants.
This recognition that the struggle over Black and White spaces extends beyond the street and into the corridors of political power is critical to understanding the issues and solutions discussed throughout this book. Incremental changes can be made at the margins within police departments and 911 call centers. But only sweeping legislative change, backed by true voter enfranchisement, can bring about the racial détente needed to protect Black bodies in public White spaces. The reforms advocated within these pages–reallocating police resources, deterring and punishing 911 abuse, reining in self-defense claims, heightening reasonable police use of force requirements, and ending qualified immunity–enjoy broad public support. But these changes elude us because voter suppression tactics deny marginalized communities full voter enfranchisement, because too few Americans equate voting with activism, and because too many people of color are denied meaningful opportunities to occupy the political White space.
This chapter introduces those rights and freedoms that are considered core to the democratic process. Those freedoms (often labelled ‘civil liberties’) ensure that individuals are able to circulate and obtain information freely, are able to participate in the election of representatives (and governments) and are able to peacefully – and collectively – make public demonstrations of political viewpoints without incurring criminal sanctions. In turn this chapter will therefore consider freedom of expression, freedom of assembly, the liberty and security of the person, and the right to vote.
As one of the world’s only constitutions to recognize Theravada Buddhism as the state religion yet not include a religious exemption to the universal franchise for its monastic community, Cambodia’s Constitution stands out as an anomaly. This article traces the ways in which the realities of this remarkably inorganic approach to religion—enshrined in Cambodia’s Constitution in 1993, pursuant to a heavily internationalized peace process—have subsequently been shaped by debates occurring within Cambodia’s Buddhist institutions, rather than judicial ones. Drawing on data derived from archival research and a series of ethnographic interviews conducted during 2017 and 2018, I home in on decades-old debates about the voting rights of Cambodian monks to show how individual monks justify their participation in electoral politics through a mixture of both secular and religious arguments. The on-the-ground reality of the extension of the franchise to the Buddhist clergy in Cambodia, in other words, is ultimately shaped by an ongoing contestation within the sangha, with proponents and opponents of a religious exception grounding their arguments simultaneously in constitutional and theological vocabularies. The article sheds light on a singular constitutional arrangement—a unique relationship between religious and state institutions that has so far received relatively little scholarly attention—and highlights an instance of constitutional practice that occurs beyond the reach of both judicial and other state institutions.
Justice NELSON delivered the opinion of the Court.1
This case addresses whether it is constitutional to deny the right to vote based on a citizen’s past criminal conviction. For the reasons stated below, we hold that California’s composite legal scheme that denies voting rights to persons who have fully discharged their sentences of incarceration or parole violates both the letter and the spirit of the Fourteenth Amendment.
Petitioner Harold Rice seeks the right to vote in an election for trustees of the state Office of Hawaiian Affairs (“OHA”). Hawai’i law provides that only “Hawaiians,” a term defined in the statute as anyone who descends from an ancestor who was present in the Hawaiian Islands in 1778,2 may vote in this election. Petitioner Rice, who was born and raised and still resides in Hawai’i, descends from ranchers and missionaries who migrated to the islands in the mid-1800s. Rice v. Cayetano, 963 F. Supp. 1547, 1548 (D. Haw. 1997).
This study seeks to explain state adoptions of same-day registration (SDR), with a focus on determining whether the Democratic (Republican) Party’s support of (resistance to) this impactful voting reform is driven by strategic electoral considerations. I find that states have an increased probability of enacting the reform when legislative Democrats are in the precarious position that comes with having just experienced minority status in one or both chambers. Relatedly, I demonstrate that the presence of a Republican legislature does not make adoption less likely until the size of the Black population reaches a certain threshold. In fact, provided the Black population is small enough, Republican control of the legislature encourages reform. The results offer conflicting evidence, however, that large Latino populations deter the GOP from establishing SDR. Considered together, the results cast doubt on the claim that either party’s position is informed by principle alone.
John Lewis's civil rights activism in the 1960s often obscures the fact that he won elective office as a racially moderate politician. Scholars have long noted the efficacy of using deracialized, or racially transcendent, campaign strategies to get elected, despite normative concerns. These strategies were critical to electing Black governors, senators, and even President Obama. However, in the age of Black Lives Matter, some have questioned the continued usefulness of the strategy. Using Rep. Lewis's life as a guide, I examine the ways that some Black politicians continue to use deracialization, even in this racially charged social and political moment, and I explain how younger cohorts of Black politicians challenge this approach. Ultimately, I argue that while deracialization is a contested strategy, its efficacy has not diminished. Rather, Black politicians have expanded the boundaries of what constitutes racially transcendent politics to include consensus issues like voting rights, which while highly racialized, are not likely to induce an erosion of support among non-Black Democratic voters.
Elections are at the core of democratic politics. We rely on them to perform the vital tasks of organizing and aggregating preferences, of determining leadership, of instituting accountability, of regulating conflict, and – more amorphous but no less important – of regenerating a broadly shared sense that the institutions and persons who govern us do so legitimately. As “moments of heightened citizenship” they focus the collective attention of the public on questions of who should be delegated governing authority and to what end it should be dedicated. They are among the only moments in which “the people” is allowed to speak authoritatively in its collective capacity, and the rituals surrounding them positively affirm community ties while also marking out its boundaries of exclusion.
Republican support for the 1982 Voting Rights Act (VRA) extension is a puzzle for scholars of racial policy coalitions. The extension contained provisions that were manifestly antithetical to core principles of the “color-blind” policy alliance said to dominate the GOP. Recent scholarship has explained this puzzling decision by arguing that conservatives were confident that the VRA's most objectionable provisions could be undone by the federal bureaucracy and judiciary, while absolving Republicans of the blame of being against voting rights. This article suggests that the picture is more complicated. Applying the concept of “critical junctures” to the 1982 VRA extension, the article highlights the importance of actors’ contingent decisions and reveals a wider range of choices available to political entrepreneurs than has been conventionally understood. Highlighting differing views within the Reagan administration, this article also identifies a wider range of reasons why Republicans supported the act's extension, including career ambition, party-building, policy agenda advancement, and genuine commitment, rather than simply a defensive stance as implied by recent histories.