Abstract

http://ssrn.com/abstract=559966
 
 

Footnotes (266)



 


 



Resurrecting the White Primary


Ellen D. Katz


University of Michigan Law School


University of Pennsylvania Law Review, Vol. 153, December 2004

Abstract:     
This Article argues that the right to vote encompasses the right to participate in a competitive electoral process. It offers a revisionist reading of the White Primary Cases as recognizing this core principle and explains how recent case law sacrifices it by disregarding the importance of electoral competition to participation in a party primary. The Article also explores how current doctrine cedes to political parties, and to the Democratic Party in particular, the power to manipulate the racial composition of the primary electorate. Taken together, these developments create a legal structure resembling the one that supported the exclusion of African-American voters from determinative primary elections in the Jim Crow South. The Article concludes by exploring the ramifications of this parallel in light of the Court's decision last term in Vieth v. Jubelirer, which refused to impose meaningful curbs on partisan gerrymandering.

Number of Pages in PDF File: 51

Keywords: White primary, open primary, elections

JEL Classification: J70, J71, J78

Accepted Paper Series


Download This Paper

Date posted: June 30, 2004  

Suggested Citation

Katz, Ellen D., Resurrecting the White Primary. University of Pennsylvania Law Review, Vol. 153, December 2004. Available at SSRN: http://ssrn.com/abstract=559966

Contact Information

Ellen Katz (Contact Author)
University of Michigan Law School ( email )
625 South State Street
LR 960
Ann Arbor, MI 48109-1215
United States
734-647-6241 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,812
Downloads: 139
Download Rank: 122,698
Footnotes:  266

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.250 seconds