Lani guinier tyranny of the majority essay help

On June 3,Clinton, claiming that he had reread her writings, withdrew the nomination, saying that he differed with her views about democratic fairness. The foreword by Stephen L.

Lani guinier tyranny of the majority essay help

Lani guinier tyranny of the majority essay help

Who Cares About Voting Rights? As that law developed, a series of tensions crystallized within our understanding of the importance of the right to vote. For understandable political reasons, the politicians who control the nomination process preferred to keep the tensions under wraps.

The first stage of voting rights law dealt with straightforward, formal exclusions from the franchise: Once straightforward exclusions are eliminated -- the key was the Voting Rights Act of -- a second aspect of the right to vote appears. For if the right to vote symbolizes full citizenship, it also has a more instrumental value in a representative democracy: You can use the vote to promote your interests.

But suppose you are a member of a minority group: Suppose, for example, that your city adopts a multi-member district system, establishing one large district to choose six members of the city council. If the city has a white majority, then the votes of racial and other minorities can be swamped.

Despite the symbolic trappings of equal citizenship, minorities are effectively disenfranchised. But what precisely is "a fair chance to have their policy preferences satisfied," and when are minorities being denied it? There are, I think, two possible answers.

Unfortunately, the politicians who enacted the Voting Rights Act waffled completely about which answer is right. We could say that minorities are denied a fair chance to have their policy preferences satisfied if the policy-making process is unresponsive to those preferences. But what precisely is an unresponsive process?

The content of the process-based theory of fair representation depends on how its proponents answer this question. This alternative line of argument stipulates, from some objective perspective, what the true interests of minorities are -- for example, jobs, income, health, public safety.

It then looks at whether the results of the political process advance those interests. If public policy does not promote those interests -- because there is high unemployment, low income, bad health, and unsafe neighborhoods -- it concludes that minorities are being denied the right to a fair chance to have their interests served.

Guinier indirectly explores this second possibility. She is motivated to develop voting rights law in new directions, at least in part out of a concern that public policy has failed to promote minority interests.

And that concern is reflected, too, in her desire to ensure "authentic" representation of minority interests -- by which she means representation that promotes those interests. Although her critics misrepresented her talk about "authenticity" as an insistence that only some minority representatives could be "authentic" while others were inauthentic, Guinier clearly means that members of the majority can also be authentic representatives of minority interests.

Authenticity is a matter of the results of the political process, not the race of the representative. Under a system of majority rule there are typically winners and losers. After all, the policies you favor may be self-defeating, or they may address your real concerns only symbolically.

lani guinier tyranny of the majority essay help

The losers, we might think, had a fair chance -- their voices were heard -- and simply lost when the legislature thought about what good public policy would be. In the end, Guinier accepts these criticisms of the result-based approach to fair representation.

And this places her squarely in the American political and legal mainstream. In thinking about what government ought to do, Americans have traditionally concentrated far more on procedure than on substance.

Aftervoting rights law, too, followed a proceduralist path: Instead of asking whether minority interests were being effectively promoted, it asked whether the representatives actually chosen were "representative" of the minority groups.


Formally speaking, that meant asking whether some of the people elected were actually preferred by members of minority groups. And to answer that question, it turned its attention to making sure that district lines were drawn to guarantee that some elected officials won the support of a majority consisting of minority group members -- a strategy that has involved "race-conscious" methods of drawing lines around voting districts, as with the now- famous mile long, serpentine District 12 in North Carolina.

A responsive process, then, is a process with sufficiently many districts in which the majority are members of a minority group. In assessing this strategy for assuring fair representation, it is important to bear in mind the limits of post voting rights law: With some qualifications that we need not worry about here, it comes into play only when voting is racially polarized -- that is, when few whites vote for candidates supported by racial minorities, and when few minorities vote for white candidates.

This strategy of remedying violations of the Voting Rights Act by establishing "majority-minority" districts turned out to be something between a very bad thing and a disaster for racial minorities. Particularly as it became easy to use computer technology to draw district lines, people -- mostly Republicans -- discovered techniques that would guarantee the election of some members of racial minorities while actually reducing the chances that the views of those representatives would prevail in the legislature.

The techniques are known in the voting rights field as packing, cracking, and stacking. For example, you can guarantee the election of a minority representative by packing as many members of that minority as possible into a single district.Web personalization essay animal vs plant cell essay eric koston 2 shoes essays la chevelure baudelaire explication essay the causes of the great depression essay conclusion ps4 pc elemental comparison essay central line associated bloodstream infections research paper, essay difference between two generations of plants.

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In the essay “The Tyranny of the Majority”, Lani Guinier expresses her concern that the will of the majority may trample the rights of the minority, which I completely agree with.

In the essay “The Tyranny of the Majority”, Lani Guinier expresses her concern that the will of the majority may trample the rights of the minority, which I completely agree with. Lani guinier tyranny of the majority essay.

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Lani guinier the tyranny of the majority essays

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Lani guinier the tyranny of the majority essay