front cover of The Congressional Black Caucus, Minority Voting Rights, and the U.S. Supreme Court
The Congressional Black Caucus, Minority Voting Rights, and the U.S. Supreme Court
Christina R. Rivers
University of Michigan Press, 2014

Both the U.S. Supreme Court and the Congressional Black Caucus (CBC) claim to advocate minority political interests, yet they disagree over the intent and scope of the Voting Rights Act (VRA), as well as the interpretation of the equal protection clause of the 14th Amendment. Whereas the Court promotes color-blind policies, the CBC advocates race-based remedies. Setting this debate in the context of the history of black political thought, Rivers examines a series of high-profile districting cases, from Rodgers v. Lodge (1982) through NAMUDNO v. Holder (2009). She evaluates the competing approaches to racial equality and concludes, surprisingly, that an originalist, race-conscious interpretation of the 14th Amendment, along with a revised states' rights position regarding electoral districting, may better serve minority political interests.

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Whose Votes Count?
Affirmative Action and Minority Voting Rights
Abigail M. Thernstrom
Harvard University Press, 1987

The Fifteenth Amendment to the Constitution of the United States guarantees that all citizens have the right to vote without regard to their “race, color, or previous condition of servitude.” For almost a century the Fifteenth Amendment was a dead letter. Throughout the South millions of nonwhite Americans were excluded from the political process by poll taxes, literacy tests, and other devices. The landmark Voting Rights Act of 1965 sought to end that injustice.

In this absorbing book, political scientist Abigail Thernstrom analyzes the radical transformation of the Voting Rights Act in the years since its passage. She shows how a measure carefully crafted to open the polling booths to southern blacks has evolved into a powerful tool for affirmative action in the electoral sphere—a means to promote black and Hispanic officeholding by creating “safe” seats for minority candidates. What began as an effort to give minorities a fair shake has become a means of ensuring a fair share.

Thernstrom demonstrates how voting rights have created a “political thicket” in which Congress, the courts, and the justice Department have been lost. Why this should be true, how small statutory changes led to large and unexpected results, how civil rights groups prevailed against a conservative Senate, how Republicans have benefited from gerrymandering to increase black officeholding—these stories are all part of Thernstrom’s well-told tale.

Even though the concept of the right to vote retains an aura of moral simplicity, the issue of minority voting rights is perhaps the most complex, yet least studied, of all affirmative action issues. Whose Votes Count? should stimulate the overdue discussion that the subject deserves among all those concerned with American politics.

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