Acknowledgments | p. xi |
Foreword, Juan Williams | p. xiii |
Introduction | p. 1 |
Unconquered Territory | p. 4 |
The Constitutionally Daring Design | p. 5 |
Racism Wanes while Federal Power Expands | p. 7 |
A Disconnection from Reality | p. 9 |
The Constitutional Order Distorted-By Necessity | p. 11 |
The Importance of Black Legislators | p. 13 |
A Partial Truth | p. 15 |
Expected and Unexpected Results | p. 17 |
A Medley of Normative Questions | p. 21 |
The Fundamentals | p. 25 |
The Original Design | p. 26 |
The Emergence of Section 5 | p. 31 |
The Amendments of 1970 | p. 34 |
Amended Again in 1975 | p. 36 |
An Imaginative Solution to a Problem | p. 38 |
Section 2 Rewritten | p. 41 |
Combating Southern Racism: The Forgotten Goal | p. 44 |
Interpreting Section 5: The Mess the Courts Have Made | p. 47 |
Allen v. State Board of Elections | p. 49 |
Discrimination Redefined | p. 53 |
The Annexation Cases | p. 54 |
Beer v. United States | p. 58 |
Bossier I | p. 61 |
Bossier II | p. 64 |
Ashcroft | p. 66 |
Unresolved Issues | p. 70 |
Interpreting Section 2: Judges Lost In A Political Thicket | p. 73 |
Assessing Racial Equality | p. 74 |
Whitcomb v. Chavis | p. 77 |
White and Zimmer | p. 78 |
Bolden and the 1982 Amendments to Section 2 | p. 80 |
Thornburg v. Gingles: The Court Weighs In | p. 84 |
O'Connor's Concurrence | p. 87 |
Three Preconditions | p. 89 |
The Totality of Circumstances | p. 97 |
LULAC v. Perry | p. 100 |
A Statute in Search of a Theory | p. 106 |
Divvying Up | p. 109 |
Section 5 Enforcement: The Mischief That Government Bureaucrats Can Make | p. 111 |
The Roadblocks Ahead | p. 112 |
A Law Office Working for Minority Plaintiffs | p. 114 |
No Discernible Standards | p. 117 |
The 1980s: Detours around Retrogression | p. 120 |
The 1990s: A Lawless Civil Rights Division | p. 124 |
John Dunne's Section 5 | p. 127 |
Merging Sections 5 and 2 | p. 130 |
Detailed Data and Sophisticated Software | p. 133 |
The Justice Department Memo | p. 135 |
The Fog | p. 139 |
The Fourteenth Amendment Cases: Trafficking In Racial Stereotyping | p. 143 |
Shaw v. Reno | p. 144 |
Miller | p. 148 |
Post-Miller | p. 151 |
Misguided Hyperbole | p. 154 |
The View from the Academy | p. 156 |
Race-Districts: A Defective Hybrid | p. 159 |
Expressive Harms | p. 162 |
A Rorschach Test | p. 164 |
The Serbonian Bog | p. 167 |
Competing Principles | p. 170 |
The 2006 Voting Rights Act | p. 179 |
Dueling House and Senate Reports | p. 178 |
Bartlett v. Strickland: Revisiting Section 2 | p. 182 |
Waiting for NAMUDNO: Section 5 in Jeopardy | p. 187 |
How Much Has the South Changed? | p. 191 |
Debate among Scholars | p. 196 |
Conclusion: Moving On | p. 199 |
A Period Piece | p. 202 |
From a Biracial to a Multiracial Polity | p. 203 |
Section 2: What Next? | p. 206 |
Whither Section 5? | p. 209 |
Racial Progress Stymied | p. 214 |
In Conclusion | p. 220 |
p. 225 | |
Jurisdictions Covered by Section 5 of the Voting Rights Act | p. 225 |
p. 229 | |
The Voting Rights Act of 1965 | p. 229 |
Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 | p. 239 |
Notes | p. 243 |
Index of Voting Rights Cases | p. 303 |
General Index | p. 307 |
About the Authors | p. 315 |
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