Legal Research on House of Representatives Debate 1

Unannotated Secondary Research
January 1, 1982

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Legal Research on House of Representatives Debate 1 preview

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  • Case Files, Thornburg v. Gingles Working Files - Guinier. Legal Research on House of Representatives Debate 1, 1982. 6b188162-e192-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/0a9ef344-db9e-4420-91da-6b20446b8b18/legal-research-on-house-of-representatives-debate-1. Accessed July 03, 2025.

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    HWY) 1— Duke/*6

2) proportional representation

H. Rep. at 30: "The proposed amendment does not create a right
of proportional representation. Thus, the fact that members of a
racial or language minority group have not been elected in
numbers equal to the group’s proportion of the population does
not, in itself, constitute a violation of the section although
such proof, along with other objective factors, would be highly
relevant. Neither does it create a right to proportional
representation as a remedy."

H. Debate at H6983, 10/5/81, Minish: "What the bill says is that
you will be judged by the result if the laws are in a form which
results in a denial or abridgement of the rights of the minority
group, and it includes specifically a disavowal of any effort to
require quotas. . . . So we are not imposing a quota, nor asking
for a simple head count."

H. Debate at H3841, 6/23/82, Sensenbrenner: "the remedy for any
voting right violation must be conmmensurate with the right that
has been violated. For this reason, the courts in correcting
section two violations are to exercise their traditional equi—
table powers to implement relief that completely remedies the
prior violations or dilution of minority voting strength. Based
upon established and accepted concepts of equity and existing
case law, the courts have a duty in section two cases to provide
equal opportunity for minority citizens to participate in the
electorate and to select candidates of their choice. They must
fully and completely eliminate the prior dilution of minority
voting strength."

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