Voting Rights on Trial: A Handbook with Cases, Laws, and Documents

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ABC-CLIO, 2002 - Law - 347 pages

The debate over who can and cannot vote has been "on trial" since the American Revolution. Throughout U.S. history, the franchise has been awarded and denied on the basis of wealth, status, gender, ethnicity, and race. Featuring a unique mix of analysis and documentation, Voting Rights on Trial illuminates the long, slow, and convoluted path by which vote denial and dilution were first addressed, and then defeated, in the courts.

Four narrative chapters survey voting rights from colonial times to the 2000 presidential election, focus on key court cases, and examine the current voting climate. The volume includes analysis of voting rights in the new century and their implications for future electoral contests. The coverage concludes with selections of documents from cases discussed, relevant statutes and amendments, and other primary sources.

 

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Contents

PART ONE
1
Introduction
3
A Short History of a Contested Right
8
Conclusion
35
References and Further Reading
36
Historical Background
39
Conclusion
84
References and Further Reading
86
Conclusion
178
References and Further Reading
180
PART TWO
183
Documents
185
Elk v Wilkins and Minor v Happersett
190
Smith v Allwright
197
Terry v Adams
202
Reynolds v Sims
214

Cases
89
The Courts Say No to Expanded Voting Rights
93
The Fall of the AllWhite Primary
101
Victory and Defeat in the Lower Federal Courts
109
The One PersonOne Vote Standard
119
The Voting Rights Act of 1965 and the Attack on RaceBased Vote Denial
126
Vote Dilution Redistricting and the Shift from AtLarge Elections to SingleMember Districts
135
The Conservative Reaction to Expanded Voting Rights
150
Conclusion
157
References and Further Reading
158
Impact and Legacy
161
Bush v Gore and the Debate over the Nationalization of Voting in America
164
Voting Rights Act of 1965
222
Allen v State Board of Elections
229
Dissents in Reynolds and Allen Majority in Shaw
234
Bush v Gore
247
Key People Laws and Concepts
267
Chronology
293
Table of Cases
315
Annotated Bibliography
319
Index
331
About the Author
349
Copyright

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About the author (2002)

Charles L. Zelden is associate professor of history at Nova Southeastern University, Ft. Lauderdale, FL.

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