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---------- Forwarded message ---------
From: H-Net Staff via H-REVIEW <[email protected]>
Date: Wed, Mar 25, 2020 at 11:34 AM
Subject: H-Net Review [H-Atlantic]: Anderson on Tarter, 'Gerrymanders: How
Redistricting Has Protected Slavery, White Supremacy, and Partisan
Minorities in Virginia'
To: <[email protected]>
Cc: H-Net Staff <[email protected]>


Brent Tarter.  Gerrymanders: How Redistricting Has Protected Slavery,
White Supremacy, and Partisan Minorities in Virginia.
Charlottesville  University of Virginia Press, 2019.  vii + 130 pp.
$19.95 (cloth), ISBN 978-0-8139-4320-6.

Reviewed by Tonnia L. Anderson (University of Science and Arts of
Oklahoma)
Published on H-Atlantic (March, 2020)
Commissioned by W. Douglas Catterall

Gerrymanders in Viriginia

The existence of popular sovereignty, or the idea that government
exists to serve citizens who elect representatives to express their
will, is central to American democracy. Yet one of the paradoxes of
American democracy--one that can be seen in the gap between
democratic ideals and reality--is the concept of political
representation, with its long history of inequality and exclusion.
Typically, the narrative of exclusion is readily applied to
historically marginalized groups as an unfortunate "hiccup" within
our governmental system, whose norms otherwise are geared expressly
towards the protection of justice, individual liberty, equality, and
the integrity of electoral institutions. This ideal of American
democracy, however, resonates sharply against the effects of
gerrymandering in which popular sovereignty is eroded by legally
disenfranchising millions of voters. In his 2016 State of the Union
Address, President Barak Obama indicated that political reform was
urgently needed to combat the ills of gerrymandering,
malapportionment, and voter suppression. "Democracy breaks down,"
Obama said, "when the average person feels their voice doesn't
matter; that the system is rigged in favor of the rich or the
powerful or some special interest." While political observers and
commentators from the nineteenth century to the present day have
warned against the pitfalls of gerrymandering as a threat to the
integrity of electoral institutions and consequently to
representative government, political scholars have tended to minimize
its impact until recently.[1] Moreover, attention has centered
largely on political parties' control of the US Congress rather than
on state legislatures or local districts.

By examining the evolution of representational government for
Virginia, from the colonial era to the present, Brent Tarter's
_Gerrymanders: How Redistricting Has Protected Slavery, White
Supremacy, and Partisan Minorities in Virginia _presents the first
in-depth historical study on the subject that sheds considerable
insight into the methods, motivations, and consequences of
gerrymanders across time. As such, this case study is a much-needed
contribution that fills a void within the scholarship on
gerrymandering _because_ of its focus on state legislatures, directly
challenging the notion that "the redistricting of state legislatures
is less subject to partisan gerrymandering and resulting partisan
bias than popular commentary would suggest."[2] The book reveals the
extent to which powerful special interests groups within Virginia
have manipulated electoral institutions at the expense of the one
person, one vote principle upon which American government rests.
Tarter argues that "suffrage restrictions and apportionment schemes
have worked in tandem to shape the state's political culture and the
nature of its undemocratic politics and unrepresentative government"
(p. 5). In certain respects, _Gerrymanders_ can be seen as an
extension of an earlier work, _Grandees of Government_ (2013) in
which Tarter examines the undemocratic political culture within the
state and why it has been so resistant to change. _Gerrymanders_
elaborates on this earlier work, showing how representatives, too
often, have chosen their voters instead of allowing voters to choose
their representatives.

Written for a popular audience, _Gerrymanders_ presents a concise
narrative that is readily digestible for any reader unlike so much
scholarship on the subject dominated by complex political theories,
advanced mathematical formulas, and legal jargon. The book consists
of twelve short chapters that generally fit within four sections
describing the beneficiaries of gerrymandering in Virginia:
landowners, slaveholders, white supremacists, and partisan groups.
Tarter begins by carefully defining the term _gerrymander_ and
presents an overview of the problems it poses to representational
government historically and presently in light of the fact that in
2021 the Virginia General Assembly district lines will be redrawn for
the Virginia Senate and House of Delegates, and lastly for the US
House of Representatives.

Chapters 2 through 4 address the nature of representative government.
In this section Tarter raises the fundamental question of _whom_ or
_what_ representative government actually represents and who is
allowed to participate within the electoral process. Under the
British model, virtual representation in Parliament existed through
simply being a subject of the king and it afforded no opportunities
for gerrymandering. In the seventeenth century, voter participation
was clearly defined as were the areas from which representatives were
elected. Burgesses in colonial Virginia were simply charged with
using their best judgment in promoting the overall interests of the
colony. However, Tarter indicates that those ideas about
representation and restrictive suffrage laws in Virginia ironically
laid the foundation for the gerrymandering in subsequent centuries.
By the dawn of the eighteenth century, free white male landowners who
paid taxes existed as the only group eligible for political
participation. White women, free blacks, free white males who did not
meet the property and tax requirements, and Catholics were excluded
from political participation. By the time of the American Revolution,
the exclusion of these groups had led to an understanding that
political representatives would represent the views and interests of
their so-called legitimate electors, that is, white male landowners.
Although the Virginia General Assembly reduced the property
requirement in 1785, it still "denied a large part--probably a
majority--of adult white men and thereby politically privileged the
class of adult, white, male landowners" (p. 14).

Relatedly, chapters 5 through 6 examine the political pressures
exerted by slavery and the push for universal white male suffrage on
Virginia's voting system. During this era the idea of Jacksonian
Democracy displaced the English prerequisite that only "white men who
literally owned a part of the country had 'sufficient evidence of
permanent common interest with and attachment to, the community'" (p.
22). However, rather than capitulate to the growing trend toward
universal white male suffrage--a trend that was viewed as a threat to
the institution of slavery--the Virginia Constitution of 1830 was
modified to acknowledge slaves as property, thereby enabling
slaveholders to claim the franchise even if they did not meet voter
qualifications in landholdings. In addition, the three-fifths slave
clause was appropriated from the United States Constitution and
inserted into the Virginia Constitution as a mechanism to redistrict
congressional seats in favor of slaveholding districts in the eastern
part of the state. The result of these changes was to solidify the
hegemony of slaveholders. In 1851, universal white male suffrage was
finally granted, but Tarter indicates that, in many ways, strict laws
that furthered slaveholder interests countered this concession and
even strengthened their dominance politically and ideologically.

The next section (chapters 7 through 10) begins and ends with the
periods of reconstruction, the first occurring after the Civil War
and the second occurring as a result of the civil rights movement.
This section examines how race and white supremacy replaced slavery
as central features within the state's political culture after the
Civil War and dominated it for two-thirds of the twentieth century.
As the end of Reconstruction approached, Tarter indicates, gradual
disenfranchisement replaced gerrymandering as a mechanism, "reducing
challenges to elite white domination of Virginia's politics and
government" as a result of extending the franchise to African
Americans during Reconstruction (p. 41).  However, African Americans
continued to have a political presence into the 1890s in spite of
laws such as the Anderson-McCormick Act (1884) and the Walton Act
(1894), which were designed both to limit their participation and to
ensure victories for Democrats. The suffrage provisions within the
Constitution of 1902, though, were effective not just in reducing the
African American vote but in reducing the white vote as well.
According to Tarter, the "number of white voters declined by about 50
percent, and the small number of remaining black voters declined by
about 90 percent ... [such that] the effect of the Constitution of
1902 was to reduce the Virginia electorate to a smaller proportion of
the adult male population than at any time in Virginia's history and
guarantee Democratic victories" (pp. 48-9). In addition to
discriminatory practices aimed at reducing voter participation,
malapportionment worked to overrepresent sparsely populated rural
areas and underrepresent densely populated urban and suburban areas,
creating legislative district lines in which a minority of voters
could theoretically elect a majority of senators and a majority of
delegates to the Virginia legislature. While chapters 7 and 8,
profoundly illustrate the vulnerability of American democracy when
electoral institutions are manipulated to provide a predetermined
outcome, chapters 9 and 10 demonstrate the power of the US Supreme
Court and Congress to address inequities created through voter
suppression and malapportionment. But as Tarter indicates in the last
section of the book, partisan gerrymandering that is not explicitly
based upon racial discrimination is a more problematic beast.

In the last section of the _Gerrymanders_, Tarter looks at the impact
of partisan gerrymandering in the twenty-first century. Just as
Democrats had used partisan gerrymandering to dominate the political
landscape in Virginia for most of the twentieth century, Republicans
have followed suit in the twenty-first century. Sophisticated
technology has "enabled partisans to analyze population data and
voting behavior down to and even below voting district levels, which
even though they were obviously drawn for partisan advantage met all
criteria ... the Voting Rights Act required" (p. 83). By implementing
the gerrymandering tactics of packing (consolidating voters of one
party into the same district) and cracking (splintering and
redistributing voters of a particular party into other districts),
Republicans in Virginia have made elections less competitive and
their outcomes more predictable. In addition to these tactics, Tarter
identifies new restrictions and requirements on voter registration
designed to target minorities, who generally vote Democratic.
Although ostensibly created to combat voter fraud, Tarter notes that
these laws "recall the poll tax, difficult registration tests, and
literacy requirements of an earlier era, designed to disfranchise
African American voters" (p. 90). As recent legal challenges to
partisan gerrymandering have emerged, such as _Gill v. Whitford_
(2018), the US Supreme Court has been reluctant to confront it,
unlike the Warren Court. In the rat race to reinforce or reassert
partisan control prior to the mandated redistricting of 2021, the
outcome is uncertain.

Brent Tarter's _Gerrymanders_ reminds us of the pressing need to
conscientiously evaluate the nature of representative government in
the United States and _who_ or _what_ elected officials should
represent at a time when Western democracies across the globe are
being criticized. Although a few segments within the latter portion
of the book are a little difficult to follow because of rapid shifts
back and forth in time, it is successful in communicating this
complex history in a manner readily comprehensible to a popular
audience. Too often, though, the connections between the social and
political systems of the past and those of the present go
unrecognized by popular audiences. This point is especially true in
terms of slavery and its ideological legacy. While Tarter attributes
the growing acceptance of proslavery ideology among the
nonslaveholding classes to the disappearance of men and women who had
experienced the American Revolution, this explanation seems
incomplete and in need of further clarification, especially since
this ideology lays the foundation for negrophobia and white supremacy
for the next one hundred years. Furthermore, _de_ _jure_ and _de
facto_ systems of exclusion normalized marginalization (regardless of
race) within the public sphere for those who did not represent the
elite. The elite signified the potential for social, political, and
economic upward mobility for the masses outside of it. Ironically,
this identification of elite with popular interests reinforced the
hegemony of the powerful few and contributed _to_ the viability of
gerrymandering when older systems of marginalization had collapsed.
In spite of this, Tarter creates a powerful narrative of exclusion
using the intersections of race, class, and to a lesser extent,
gender to demonstrate how discriminatory manipulations within
representational government have grown like a disease, impacting not
just racial minorities but all citizens except those who directly
benefit from gerrymandering. His narrative poses the question as to
whether or not the benefits for a powerful few are really worth the
price of sacrificing voter trust in representational government. In
short, Tarter blazes a gutsy path that other historians should follow
to shed more light on this important subject.

Notes

[1].  See Charles Bullock, "Redistricting and Congressional
Stability, 1962-1972," _Journal of Politics_ 37 (1975): 569-75; Bruce
Cain, "Accessing the Partisan Effects of Redistricting," _American
Political Science Review_ 79 (1985): 320-33; Janet Campagna and
Bernard Grofman, "Party Control and Partisan Bias in the 1980s
Congressional Redistricting," _Journal of Politics_ 52 (1990):
1242-58; Richard Niemi and Simon Jackson, "Bias and Responsiveness in
State Legislative Districting," _Legislative Studies Quarterly_ 16
(1991): 183-202.

[2]. Niemi and Jackman, "Bias and Responsiveness," 198.

Citation: Tonnia L. Anderson. Review of Tarter, Brent, _Gerrymanders:
How Redistricting Has Protected Slavery, White Supremacy, and
Partisan Minorities in Virginia_. H-Atlantic, H-Net Reviews. March,
2020.
URL: https://www.h-net.org/reviews/showrev.php?id=54723

This work is licensed under a Creative Commons
Attribution-Noncommercial-No Derivative Works 3.0 United States
License.




-- 
Best regards,

Andrew Stewart
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