Partisan gerrymandering and population instability: Completing the redistricting puzzle

How can partisan mapmakers enact a partisan gerrymander in the presence of risk-averse co-partisan incumbents who wish to keep most of their constituencies intact? Until now the literature on redistricting has focused on how redistricting affects the geography of partisan support, that is, the underlying partisan balance of electoral districts. We posit that this emphasis on partisanship misses half of the story. Partisan mapmakers have another tool at their disposal: the fostering of population instability that may not affect a district's partisan balance. By examining all redistricting plans enacted in 2001–2002, as well as three case studies, we show that partisan mapmakers strategically foster population instability, which poses problems for incumbents in a way that may not be apparent when looking exclusively at the effects of redistricting on partisanship. Our results show how partisan mapmakers simultaneously achieve two goals: enacting an “optimal gerrymander,” which strengthens some opposition-party incumbents, while inducing instability and reducing the personal vote of those same incumbents. We also show that so-called “neutral” redistricting plans are successful in disregarding incumbency. Finally, our results suggest another mechanism that explains why the 2002 congressional elections in the U.S. produced little competition.     

Back in their proper place:: racial gerrymandering in Georgia

During this decade the United States Supreme Court has made significant rulings on constitutional challenges to representative districts purposefully drawn to empower minorities as district majorities. Arguments have set the Voting Rights Act against the Fourteenth Amendment's goal of a colorblind society. The court has generally struck down the aggressive drawing of majority–minority districts, finding them racial classifications not narrowly tailored to achieve compelling state interests. This study analyzes and evaluates these legal developments, principally through a focus upon the most recent litigation in Georgia. My thesis — that the Court has muddled the jurisprudence of representation, voting rights and racial equality because of its inability to treat politics and geography with consistency, depth, rigor and judgment — will be explored in connection with five questions. First, can compact and regular shape provide the courts with a concept to properly assess the legal issues without involving the courts in intractable and injudicious political questions? Second, does a bizarrely shaped district “broadcast” such an invidious racial message as to constitute a “stigmatic harm” which provides plaintiffs with standing to challenge the district? Third, is a district's bizarre shape critical evidence of the districters' intent to discriminate? Fourth, is “community of interest” a significantly richer criterion than shape for evaluating racial gerrymandering claims and defenses? Fifth, what is the proper legal role of traditional criteria of territorial representation as the benchmarks for distinguishing permissible from impermissible race-conscious districting?     

Electoral redistricting and minority political representation in Canada and the United States

This article compares the political representation of visible minorities in Canada and the United States, focusing on differences in federal redistribution (redistricting) practices and constituency composition. Although the two countries both use territorially‐based electoral systems, they operate under different legal standards and institutional environments for the creation of ridings (districts). In the US, redistricting is a highly political process, yet must respect strict population equality standards. Litigation over redistricting is common, and courts adjudicate voting and representation under a constitutional system enforcing strong individual rights. In contrast, Canada's redistribution process is relatively nonpartisan, permits large population variances among ridings, places more emphasis on community rights, and is seldom subject to extensive court challenges. Despite these differences, the two countries exhibit striking similarities in the overall level of visible minority representation relative to population share. Conversely, Canada's population inequalities among ridings create a systematic disadvantage for visible minorities. Political attention to visible minority representation is stronger in the US, but the means to achieve it are constrained both by the judicial limits on group representation and the constitutional limits on the use of racial identity. Canada has a framework for political representation that could easily accommodate significant visible minority representation but lacks the political imperative to use it, in part because doing so would run counter to Canada's multicultural image of these groups as immigrants rather than as non‐white minorities.     

Redistricting principles and incumbency protection in the U.S. Congress

Critics of congressional redistricting have argued that recent legislative gerrymandering severely undermines electoral competitiveness to the point of violating constitutional equal protection standards. In this paper, we assess how states' redistricting plans vary in incumbency protection. Particularly, we evaluate whether redistricting principles and processes had any measurable consequence in incumbency protection in the 2000 redistricting cycle. We first report substantial regional variation across states in the principles formally noted in state redistricting laws. We then report results showing that some traditional, “politically neutral” redistricting principles and less politicized processes significantly diminish incumbency protection. Our results indicate significant incumbency gerrymandering across states in the recent cycle; however, states have significantly less incumbency protection when they specify specific population- and politically-based principles while suppressing elected officials' agenda setting influence in the districting process.     

City as province in China: the territorial urbanization of Chongqing

Chongqing is a province-level city region in China’s interior with a land area larger than many small countries. Limited scholarship tends to treat Chongqing as a new jurisdiction formed in relation to development of the Three Gorges Dam and reform of historic state-planned industry from the Mao era. This analysis turns to the complex process of land redistricting in a process of “territorial urbanization” that has also simultaneously reshaped the economy of Chongqing. By conceptualizing Chongqing as a dynamic administrative territory, this analysis defines changes in the relational configuration of its administrative divisions (xingzheng quhua) as a multi-faceted state strategy of governing land use change and the fiscal regime to realize infrastructure development. Especially by establishing districts in Chongqing, territorial urbanization works to enhance the funding capacity of the Chongqing government to develop larger, expansive infrastructure projects. This urban transformation of Chongqing demonstrates how processes of land use change and government funding, materializing in the built environment, are directly related to changes in state territorial configuration.     

EXPLORING THE NUMBER OF FIRST‐ORDER POLITICAL SUBDIVISIONS ACROSS COUNTRIES: SOME STYLIZED FACTS*

ABSTRACT Why do some countries have no first‐order administrative subdivisions (e.g., states or provinces), whereas other countries have over 80? Recently, economists have started to look at the optimal size of countries and forces influencing the creation of local political jurisdictions like school districts. This paper provides the first analysis of the “missing middle” level of political jurisdictions common to all countries. We empirically examine how country size, natural transportation infrastructure, location, population fractionalization, and level of development affect the number of first‐order subdivisions. The number of first‐order subdivisions is shown to be associated in a nonlinear way with measures of fractionalization—exhibiting a U‐shaped Kuznets curve for ethnic heterogeneity and an inverted Kuznets curve for lingual and religious heterogeneity. This is a different and more complex relationship than that found for local political jurisdictions where greater heterogeneity is associated with more districts suggesting that first‐order political subdivisions may serve a different role.     

Assessing South Carolina's 1990s congressional districting

In this study, the authors employ a computer-intensive method to assess the factual basis for a race-as-predominant-factor claim against South Carolina's congressional districting plan. They use four algorithms that weight traditional districting criteria (equal population, the preservation of county integrity, and district area compactness) to generate 10,000 alternative plans containing a total of 60,000 congressional districts. Based upon the analysis of these plans, the authors conclude that: (1) race is a factor in the design of South Carolina's congressional districts; (2) race predominates over the preservation of county lines; and (3) race may predominate over district compactness.     

Terror and Territory

Abstract: While geographical aspects of the “war on terror” have received extensive discussion, the specifically territorial aspects have been less well explored. This article engages with the relation between territory and terror through three main angles. First, the relation between terrorist training camps and the absence of sovereign power over territory in particular places is examined through a broadening of Agamben's notion of a “space of exception”. Second, the portrayal of al‐Qaeda and militant Islam more generally as a deterritorialised organisation is interrogated, noting the territorial aspects of its operations. Third, the territorial responses are studied, particularly looking at the way the international legal term of territorial integrity, with its dual meanings of territorial preservation and territorial sovereignty is under increased threat. This is illustrated with a study of Afghanistan and Iraq and particularly through an analysis of the 2006 war in Lebanon.     

National reproduction: Norway's new national library

ABSTRACT. This article elaborates on the concept of national reproduction as a means of analysing how national categories were redefined and adjusted in the political process that led to the establishment of the National Library of Norway. Three different forms of national reproduction may be distinguished in this process: the adjustment of cultural and territorial hierarchies within the nation‐state in the 1980s; the consolidation of the national community by defining it in contrast to the “foreign” in the 1990s; and the definition by the political elite of a “new national we” that includes the “foreign” after the turn of the millennium.     

REGIONAL PLANNING IN THE USSR

The theory and practice of drawing up and implementing regional plans, or “territorial plans,” as they are known in the Soviet Union, has been a matter of considerable debate in the Soviet literature, a debate that has been complicated by differences in terminology. The author discusses various Soviet definitions of “territorial planning” and points out disagreement concerning its nature and scope. The major forms of territorial planning as now practiced in the USSR are reviewed, and two forms in particular—regional economic planning and regional physical planning—are distinguished. It is concluded that territorial planning continues to have a somewhat uncertain status in the USSR, with inadequate official support, although the issue remains a matter of considerable interest to the leadership under the Gorbachev administration.     

Building a City For “The People”: The Politics of Alliance‐Building in the Sydney Green Ban Movement

How can we act to contest urban injustice? This article grapples with this question through an analysis of the green ban movement that emerged in Sydney in the 1970s. For a time, this unruly alliance of construction workers, resident activists, and progressive professionals powerfully enacted a radical right to the city, blocking a range of unjust and destructive “developments” worth billions of dollars and proposing alternative development plans in their place. Drawing on archival research, I demonstrate how the figure of “the people” was crucial to their action. The article examines the rights and the authority that was invested in “the people” by green ban activists, and traces the work of political subjectification through which “the people” was constructed. “The people” was not invoked as a simple majority or as a universal subject whose unity glossed over differences. Rather, in acting as/for “the people”, green ban activists produced a political subject able to challenge the claims of elected politicians, bureaucrats and developers to represent the interests of the city. The article concludes with reflections on the implications of this construction of “the people” for urban politics today.     

The legal (de)construction of geography: race and political community in supreme court redistricting decisions

This article examines the different conceptions of racial identity and ‘geography’ in two landmark Supreme Court decisions, Shaw v. Reno (1993) and Easley v. Cromartie (2001). Both decisions evaluated similar Congressional redistricting plans in North Carolina, but reached opposite conclusions. In Reno, the Court based its reasoning on the ‘objective’, ‘natural’ and ‘rational’ geography of North Carolina. Such geographic relationships create political communities and constrain the way in which state legislatures can draw electoral districts. In contrast, the Easley decision based its reasoning on voting behaviour, and makes an implicit appeal to deliberative democratic principles. From this perspective, political relationships create the geographic relationships defined by Congressional district boundaries. Where the Reno decision treats race as an arbitrary social distinction that the state should not use as the basis of political representation, the Easley opinion argues that the state can consider differences in racial voting behaviour during the redistricting process. More fundamentally, the Easley decision implies that racial identity is formed by deliberative political communities, rather than being an objective, static characteristic. This suggests that disputes over spatial relationships are critical to the construction of hegemonic racial identities, and that space is fundamental to the conception of racial difference.     

State Stigmatisation in Urban Turkey: Managing the “Insurgent” Squatter Dwellers in Dikmen Valley

This paper contributes to the accounts of territorial stigmatisation by examining the state role in it in the case of Turkey, a country that suffers from growing state power. The existing debates are mainly restricted to its function as an economic strategy paving the way for capital accumulation through devaluing working-class people and places. Drawing on textual analysis of political speeches, local newsletters and mainstream national newspapers and fieldwork material that include interviews and observations in Dikmen Valley where some squatter communities mobilised against the state-imposed urban transformation project, I demonstrate that state conceptualisation of “problem people” targets the “insurgent” rather than the “unprofitable” groups. Stigma in urban settings functions in inciting the desire to meet the patterns deemed appropriate by the state, rather than the market. Moving from that, I argue that stigma is used as a state-led political strategy, which is integral to the growing authoritarianism in Turkey.     

Unstable properties: British Columbia,aboriginal title,and the “new relationship”

In the span of a few years, Premier Gordon Campbell transformed himself from a strong political critic of Aboriginal peoples in British Columbia to their apparent champion within a “new relationship.” The subsequent sudden collapse of Campbell's alliance with First Nations is a window into federal‐provincial relations, constitutional change, Aboriginal political organization, and the consequences of decisions made more than a century ago. Drawing on Nietzsche, we argue that Campbell's intentions, either to control or support Aboriginal peoples, were almost irrelevant; our focus should be on the “will to power” and efforts to stabilize power through territory. As a result of the collision of Aboriginal political mobilization, the expansion of natural resource development, and a series of court decisions, the unresolved nature of Canada's territorial claim to most of the land that is now British Columbia has finally reached a point where it can no longer be ignored, either politically or legally. However, the province lacks the legal authority to recognize or deny Aboriginal title, leaving the provincial government and indigenous peoples in British Columbia equally held hostage by the federal government.     

Neocolonial Urbanism? La Rénovation Urbaine in Paris

This paper analyses the programme of redeveloping housing estates in France overseen by the Agence Nationale de la Rénovation Urbaine (ANRU). Under this programme social housing reconstruction is undertaken in a nationally coordinated fashion in order to “valorize”, “secure” and socially “mix” estates. The paper highlights the political and neo‐colonial aspects of this programme and the wider state spatial strategies it is part of. Redevelopment projects not only further gentrifying land‐rent valorization, state rescaling and territorially stigmatizing symbolic violence; they also reorganize territorial relations of domination in multiple, also racialized, neo‐colonial and partly hegemonic ways. In a longer view, they respond to the “urban revolution” of 1968 (Garnier) and to the “anti‐colonial revolution” of independence and anti‐racist movements (Khiari). The paper builds on a framework that articulates marxist (Lefebvrean) and anti‐colonial (Fanonian) lineages while drawing on research on the neo‐colonial aspects of the French state.     

Material,Political, and Biopolitical Dimensions of “Waste” in California Water Law

California's state constitution prohibits the “wasteful” use of water; however, waste is subjective and context dependent. This paper considers political, biopolitical, and material dimensions of waste, focusing on the role of legal processes and institutions. The paper examines a case involving legal accusations of “waste and unreasonable use” of water by the Imperial Irrigation District in Imperial County, California. The determination that water was being “wasted” justified the transfer of water from agricultural to urban areas. However, defining these flows of water as a waste neglected water's complexity and relationality, and the enclosure of a “paracommons” threatens to bring about negative environmental and public health consequences. The paper shows that the project of discursively labeling certain material resource flows as waste and re‐allocating these resources to correct this moral and economic failure relies upon legal processes, and carries political and biopolitical implications.     

Beginning to Write Separately: The Origins and Development of Concurring Judicial Opinions

While political scientists and legal academics have both evinced a “fascination with disagreement on courts,” ¹ this scholarly concentration on conflict rather than consensus has tended to focus on dissent and dissenting opinions. As far as we can tell, there is no authoritative history of concurring opinions in the U.S. Supreme Court. This article is a first effort to correct that oversight by examining developments and change in concurring behavior from the founding through the White Court (1921). This period covers the emergence of an institutionally independent national judicial branch and ends before the start of the modern, policy‐making Court era, which we argue begins with the Taft Court and the creation of a fully discretionary docket.     

The Judicial Bookshelf

Almost anyone who can read would describe the Supreme Court of the United States as a legal body–an institution that says what the law is in the context of deciding cases. May the Court also be fairly described as a political institution? Even to pose the question raises eyebrows, because Americans commonly use the word “political” to refer to partisan politics—that persistent struggle between organized groups called political parties to control public offices, public resources, and the nation’s destiny. In this sense of the word, the federal courts are expected today to be “above politics,” meaning that judges are supposed to refrain from publicly taking sides in elections, from otherwise jumping into the arena of electoral combat, 2 or from deciding cases based on the popularity of the litigants.3 While democratic theory anticipates that elected officials will answer to the people, the rule of law envisions something different: an abiding and even‐handed application by the judiciary of the Constitution and statutes shaped by the people and their representatives.     

The Spatially Splintered State: Myths and Realities in the Regulation of Marine Fisheries in Tamil Nadu,India

The spatial dimension of law is a neglected field of study. This article responds to suggestions that have been made to develop a ‘geography of law’, and investigates expressions of State‐centred law regarding common pool natural resources. It asks how variations in law between lower‐level territorial units are to be explained in situations where patterns of resource exploitation are similar and the overarching State proclaims an even approach. To explore these issues, the article focuses on a case study of Tamil Nadu marine fisheries. Comparing the reality of State regulation in different coastal districts, the author argues that the State occupies a relatively weak position vis‐à‐vis user groups, and strives to maximize its legitimacy by adapting to local political circumstances. The end result is a legal patchwork with strong spatial connotations.     

Young people,place and devolved politics: perceived scale(s) of political concerns among under 18s living in Wales

Despite clear linkages between conceptualisations and perceptions of politics, society, culture and territorial rescaling, research into young people’s political engagement, participation and representation is underrepresented in the field of social and cultural geography. Here the gap is addressed using perceptions of devolved politics, as a form of territorial rescaling, among young people living in Wales. Specifically, it shows the geographical scales at which young people locate their political concerns and where responsibility for these concerns is perceived to lie, with a focus on the National Assembly for Wales and the Welsh Government. This is a key contribution to our understanding of the role devolution plays in youth political engagement in the light of the following: the relative infancy of the devolved U.K. institutions; their asymmetrical development and increasing divergences; the growing variation in turnout among young people for different types of election and referenda; and the lack of research examining the youth engagement dimension of Welsh devolution as a political, social and cultural process of territorial rescaling in the U.K. The paper concludes with a critique of the notion that devolution poses a ‘politics of hope’ for youth political engagement in Wales, a very different picture to Scotland.