Individual Political Rights Are a Protection Agains
journal article
Stanford Law Review
Published By: Stanford Constabulary Review
https://doi.org/ten.2307/1229327
https://world wide web. jstor .org/stable/1229327
In contempo redistricting and juror exclusion cases, the Supreme Court has expressed hostility to the idea that authorities may consider racial or gender group membership in making decisions that make up one's mind the composition of representative institutions. Instead, the Court has insisted that government must recollect of voters and jurors solely every bit individual actors, who cannot exist recognized as having similar interests, experiences, or perspectives equally other persons who share their race or sex activity. Whatsoever merit there may exist in adopting this exclusively individualistic arroyo in the expanse of civil rights and privileges, Professors Amar and Brownstein argue that it is an inadequate ground for understanding the Constitution'southward equality requirements when political rights are at consequence. Instead of focusing exclusively on the individual, our ramble tradition acknowledges a dual dimension to political rights, consisting of both an individualistic, dignitary component and a group-based, instrumental component. This tradition developed out of the political and legal struggles to extend the franchise to black men and to women through the Fifteenth and Nineteenth Amendments and underlies over 100 years of case law interpreting the nature of political equality for constitutional purposes. Political rights in America have always reflected an uneasy tension between respect for the private and a concern for the ability of groups to influence government. When the mod Court ignores the group and instrumental dimensions of political rights in our history, information technology avoids rather than resolves the hard questions and grounds constitutional doctrine in this area on an unstable foundation.
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Source: https://www.jstor.org/stable/1229327
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