The Triumph of Tokenism: The Voting Rights Act and the Theory of Black Electoral Success

Abstract

11. See infra note 76 for a definition of vote dilution. 12. Voting rights litigants noted that black electoral success usually depends on black electoral control of small, majority-black subdistricts within a jurisdiction. 13. Such geographically configured districts would ensure government responsiveness through the election of black representatives. The theory also posits that white elected officials would become at least minimally responsive to their newly voting black constituents. See, e.g., T.

‘The goddamndest, toughest voting rights bill’: Critical Race Theory and the Voting Rights Act of 1965

“…An analysis of why the voting access provided under the VRA failed to provide social and economic equality is appropriate, yet there have been very few critical analyses of the VRA or of the limitations of majoritarian electoral politics. The work of Guinier (1991aGuinier ( , 1991bGuinier ( , 1994, however, provides an exception. Guinier (1991a) claimed that the VRA represented only the 'triumph of tokenism' due to its focus on providing for the election of African American officials.…”

“…The work of Guinier (1991aGuinier ( , 1991bGuinier ( , 1994, however, provides an exception. Guinier (1991a) claimed that the VRA represented only the 'triumph of tokenism' due to its focus on providing for the election of African American officials. Instead of pursuing reform in the realms of housing, health care, or education, civil rights leaders pursued voting rights first for the potential it offered.…”

“…Giving African Americans the chance to register provided an easy form of mobilization and, through their ability to vote for the officials they preferred, African Americans possessed a tangible way to bring about reform. However, Guinier (1991a) criticized this romanticization of elected African American officials, claiming they legitimated the notion that equality of access could bring about equality of outcomes. Their mere presence in legislatures could serve as proof to whites that the reforms of the era were complete.…”

“…The NAACP Legal Defense Fund deemed the VRA the most successful civil rights legislation ever passed (Hillstrom 2009). Contemporary commentators called the inclusion of southern African Americans in the democratic process 'the Civil Rights Movement at its most commanding' (Guinier 1991a(Guinier , 1083. When asked about his greatest accomplishment during his time in office, President Lyndon Johnson quickly responded, 'voting rights' (Johnson 1971).…”

Local government structure and the quality of minority neighborhoods

“…Thernstrom (1987) contends that the interests of black voters can be represented adequately by white legislators and that district elections may actually harm blacks by reducing the need for white candidates to appeal to black voters. Guinier (1991) argues that, while black legislators may be the best advocates of black interests, blacks elected from black majority districts will have little influence on policy outcomes under majority rule and thus fail to provide "effective representation" for the black electorate. Southwick (1997) also raises this same concern but suggests that even if minorities are a minority of the city council they can still form coalitions and engage in logrolling that will effectively transfer resources to themselves.…”