American Constitutionalism in Historical Perspective (packet)

Gerrymandering: racial gerrymandering is condemned what about political? Low level of scrutiny based on Gaffney.

1. 
   Proportional rep: parties get a share in Parliament based on their total share of the vote. Even if minority, you get rep in proportion to the % of ppl who vote for your party (guarantees minority rep). 20% of ppl vote for X party, so 20% of Parliament made up of X party.
   
2. 
   C/n just have proportional representation as a measure of fairness in political rep b/c has probs of coalition gov’ts and accountability to the party and not the ppl
   
3. 
   Davis v. Bandemer, 1986:p.855 struck down a redistricting that entrenched a political majority w/in it, thought this would frustrate majority rule. Fuzzy standard based on “continual frustration of the will of the majority.” Hard to determine this based on one election.
   
4. 
   Vieth v. Jubelirer (2004) p. 859: retained some political gerrymandering as justiciable. Challenge to a Pa. redistricting scheme drawn in the wake of 2000 census that had unfairly advantaged Rep. candidates. To test pol gerrymandering need to det if classifications have been applied in an invidious manner OR in a way unrelated to any legit legislative objective.
   
5. 
   Shaw v. Reno (Shaw I), 1993: overturns a redistricting plan that increased minority rep in No. Carolina b/c believed that race was the only factor used to determine the boundaries. Legislature allowed partisan considerations to dominate and control the lines drawn, forsaking all neutral principles. S’ve also used compactness and contiguity in line drawing.
   
   1. 
      As in Adarand, the court is not distinguishing b/w stigmatizing and ameliorative uses of line drawing. Saying this is the same as Gomillion line drawing.
      
   2. 
      Heart of Marbury: c/n be overruled by Congress, in core of equal protection.
      

Ballot Access: strict scrutiny applied when politicians are being denied ballot access. Robust jurisprudence ensuring access and due process.