Falling through the cracks: voting rights and the census

Article Abstract:

The US Court of Appeals for the Second Circuit was correct to apply the strict scrutiny standard in City of New York v. United States Department of Commerce because fundamental voting rights were implicated. The case was brought to correct race-based undercount in the census which affects federal funds received by areas with a disproportionate number of minorities. Some such cases have been brought on disparate impact theories which require a lower standard of justification by the government. The Secretary of Commerce did not meet the strict scrutiny standard that attaches to government conduct that affects fundamental rights.

Cases, Voting, Census, Censuses, Case Note, Apportionment (Election law)

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Hague v. CIO and the roots of public forum doctrine: translating limits of powers into individual rights

Article Abstract:

The right to demonstrate in public forums, as ratified by the US Supreme Court in Hague v. CIO, was originally not seen as a positive right granted by the Constitution, but instead as an unenumerated right in the Privileges and Immunities Clause of the Fourteenth Amendment against unlimited government powers. Though the Hague Court framed free speech rights in public places narrowly, the decision is the prototype for modern public forum jurisprudence, transplanting public speech rights to the First Amendment and making public speech a positive right accorded the same priority and protection as other individual liberties.

Laws, regulations and rules, Freedom of speech, History, Demonstrations, Public forum doctrine (Law)

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Transforming Section 8: using federal housing subsidies to promote individual housing choice and desegregation

Article Abstract:

Section 8 vouchers, used to subsidize housing for low-income individuals and families, can be used to promote desegregation and economic integration. Currently, the vouchers do provide the poor with housing, but keep poor minorities segregated and trapped in a huge public housing administrative bureaucracy. A proposed plan aimed at forcing local officials and neighborhoods to allow Section 8 users to relocate to less urban neighborhoods is described.

Social aspects, Management, Usage, Housing, Public housing, Urban poor, United States. Department of Housing and Urban Development, Residential mobility, Housing subsidies

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