Incarceration served as a primary apparatus by which abolition democracy was defeated after Reconstruction. Carceral institutions—such as the penitentiary, the convict-lease system, and the chain gang—functioned to demarcate the racial limits of citizenship and to impede equal political power. This article turns to W. E. B. Du Bois to argue that incarceration constrains democratic political equality. Turning to Du Bois’s treatment of crime and imprisonment in works including The Philadelphia Negro (1899), “The Spawn of Slavery” (1901), and The Souls of Black Folk (1903), alongside archival material, I situate incarceration in Du Bois’s democratic thought. According to Du Bois, carceral institutions bounded ideas of full citizenship, fueled panic over Black “criminality,” fomented feelings of inferiority, and hampered the possibility for abolition democracy, a multiracial, multiclass movement committed to worker democracy and a future rid of slavery and subjugation. Du Bois shows us how carceral institutions run into tension with democratic ideals.
Do reserved seats yield substantive representation for traditionally marginalized groups? To answer that question, we examine reserved seats for Native American tribes in the Maine legislature. Tribal representatives, who can participate in debate but lack a vote, have represented tribes in Maine's predominantly white legislature since statehood in 1820. We take advantage of a 1995 rule change that allowed tribal representatives to initiate legislation, and an original dataset of pro-tribal bills, to estimate the effect of reserved seats on the production of pro-tribal bills. We find that once tribal representatives were allowed to write bills, they produced over half of all tribal-related legislation during a 35-year period. Legislators with tribal constituents sponsored fewer relevant bills after the reform but continued to cosponsor pro-tribal legislation. Although our results are promising, we caution that reserved seats are not a panacea for improving indigenous representation.
Do reserved seats yield substantive representation for traditionally marginalized groups? To answer that question, we turn to a remarkable and little-studied institution: reserved seats for Native American tribes in the Maine House of Representatives. Tribal representatives, who can participate in debate but lack a vote, have represented tribes in Maine’s House of Representatives since statehood in 1820. We take advantage of a 1995 rule change that allowed tribal representatives to initiate legislation, and an original dataset of pro-tribal bills, to estimate the effect of reserved seats on the production of pro-tribal bills. We find that once tribal representatives were allowed to write bills, they produced over half of all tribal-related legislation during a 36-year period. Legislators with tribal constituents sponsored fewer relevant bills after the reform but continued to cosponsor pro-tribal legislation. Although our results show tribal representatives contribute to the legislative process, we caution that reserved seats are not a panacea for improving Indigenous representation.
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