The Appearance of Equality: Racial Gerrymandering, Redistricting, and the Supreme Court

By Christopher M. Burke | Go to book overview

Chapter 5
Liberalism, Communitarianism, and Fair Representation

As I argued extensively in previous chapters, the Supreme Court resolved disputes over political representation by recourse to communitarian and liberal rhetoric, often using variants of each concept in the same opinion. In this final chapter, I situate the concept of fair representation in competing but not exclusive political theories: liberal theory and communitarianism. For example, if we articulate a claim for fair representation as a right, the discussion might be framed as: Does the right pertain to the individual absent a conception of the good? 1 Answering this question leads to more objections. The discourse produces new problems as it replaces and renames old ones. The law surrounding representation is characterized by a constant modification of the terms of the debate. 2 For example, there is a vibrant and expanding common law of the Voting Rights Act (VRA) and Equal Protection Clause stirring political controversy over the means used to promote the minority representation. 3

Predictably, the Supreme Court is not of one mind on the subject of fair representation, but the multiplicity of the justices' views raises several questions relevant for a culturally plural society. For instance, do voting rights pertain to the individual or to the group with whom the individual identifies? Must they pertain to the former at the expense of a claim by the latter? If the individual articulates rights claims through group membership, we may still ask which groups are recognized, and whose voice represents the group. 4 By one view of representation that stresses the group nature of politics and the special perspective of minorities, one cannot make a claim to speak on behalf of a minority group, to represent, absent group membership. One must possess traits and experiences that demarcate the group from the majority. 5 As a corollary, outsiders cannot criticize the story told by group members because they lack the

-125-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Appearance of Equality: Racial Gerrymandering, Redistricting, and the Supreme Court
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 212

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.