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a) Identify the constitutional clause that is common to both Shaw v. Reno and Easley v. Cromartie.

b) Based on the constitutional clause identified in part A, explain why the facts elucidated in Easley v. Cromartie might have led to a different holding than the holding in Shaw v. Reno.

c) Describe an action that members of the public who disagree with the holding in Easley v. Cromartie could take to limit its impact.

Sagot :

Answer:

a. The Equal Protection Clause is a clause from the Fourteenth Amendment to the United States Constitution. The clause provides that "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws".

Its purpose is to apply substantially more constitutional restrictions against the states than had applied before the Civil War. Hence, in Shaw v. Reno, 509 U.S. 630 (1993), Supreme Court held that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause while bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act.

While in the case of Easley v. Cromartie, 532 U.S. 234 (2001), Supreme Court held that the State violated the Equal Protection Clause in drawing the 1997 boundaries was based on clearly erroneous findings.

b. In the case of Easley v. Cromartie, an appeal from the decision given in hunt v. Cromartie was filed in the supreme court of the United States by Easley. In hunt v. Cromartie, the court held that the legislature of North Carolina did not use the factor of race while drawing the boundaries in the twelfth congressional district,1992. It was held by the court that the legislature did not violate the equal protection clause of the constitution and no evidence to prove that legislature set its boundaries on a racial basis rather than a political basis.

 In Easley v Cromartie the appeal was that drawing the boundaries for voting violated the equal protection clause of the constitution. The supreme court of the United States held that the decision of the district court is erroneous because it actually relied upon racial factors and this is not in the interest of the state.

In Shaw v. Reno the court concluded that the plan of North Carolina tried to segregate the voters on the basis of race.