71 Tex. L. Rev. 1589, *
June, 1993
SYMPOSIUM: REGULATING THE ELECTORAL PROCESS: Groups, Representation, and
Race-Conscious Districting: A Case of the Emperor's Clothes.
Lani Guinier *
SUMMARY:
... [N]ow that the first round of reapportionment has been accomplished, there is need to talk "one
man-one vote" a little less and to talk a little more of "political equity," and of functional components
of effective representation. ... My claim is that racial-group representation is important, but it is only
imperfectly realized through an electoral system based on territorial districting or through the limited
concept of racially "descriptive" representation. ... If the decision to represent groups already has been
made in the adoption of geographic districting, then group representation based on racial-group
association or historical oppression becomes less problematic. ... Race-conscious districting -- as
opposed to racial-group representation -- may be rigidly essentialist, presumptuously isolating, or
politically divisive. ... In justifying race-conscious districting, voting rights activists appropriately
employ the concept of racial-group identity. ... Since there were at least four Latino candidates, the
white candidate would most likely win if the Latino vote were split, even though Latinos are fifty-five
percent of the district's voting-age population. ... One-vote, one-value makes the assumption that each
voter should enjoy the same opportunity to influence political outcomes. ... In other words, the
criticism of racial-group representation is, at bottom, a criticism of winner-take-all districting in which
the district boundaries and the incumbent politicians define the interests of the entire district
constituency. ...
TEXT:
[*1589] [N]ow that the first round of reapportionment has been accomplished, there is need to talk
"one man-one vote" a little less and to talk a little more of "political equity," and of functional
components of effective representation. A mathemat