Synopses & Reviews
The inside story of the Supreme Court decisions that brought true democracy to the United States
Today, Earl Warren is remembered as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his courts greatest accomplishment was establishing the principle of “one person, one vote” in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States.
On Democracys Doorstep tells the story of this crucial—and neglected—episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step “toward establishing democracy in the United States.” But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition—just one short of the two-thirds required.
Review
Praise for Managing White Supremacy
“An important contribution . . . Beautifully written, respectful of complexity, and compellingly presented.” —John Kneebone, Library of Virginia
“An intricate book, subtly and effectively written, lucidly conceptualized, persuasively argued, and thoroughly researched.”—North Carolina Historical Review
Review
“‘One man, one vote is the bedrock of American democracy, yet it was not always that way. J. Douglas Smiths On Democracy Doorstep is the scintillating account of how that doctrine became the law of the land during the 1960s. This is not only a great work of historical scholarship, but a page-turner as well. With Smiths unparalleled knowledge of history in the making, we are led on a constitutional odyssey: to the strategy sessions of Robert Kennedys Justice Department, the inner deliberations of Earl Warrens Supreme Court, and the clash of legal titans in their oral arguments before the Court. Smith describes as never before the network of young and idealistic lawyers around the United States who championed the cause of reapportionment as a vital bulwark of democracy. My father, Theodore Sachs, was one of them, and Smith brilliantly describes the passions, ideas, and drama of the great constitutional battle that I witnessed as a young boy. This is the definitive account of one of the epochal decisions of the US Supreme Court, one that Chief Justice Earl Warren himself regarded as ‘the most vital of his era.”
—Jeffrey D. Sachs, Director of the Earth Institute at Columbia University
“Smiths impressive research recaptures an otherwise unremembered chapter in U.S. history . . . On Democracys Doorstep recounts a triumphant story of constitutional reform that dramatically advanced the promise of democracy.” —David Garrow, The Washington Post
“Smith is an accessible and knowledgeable storyteller . . . [He] provides a fascinating, behind-the-scenes look at how the Supreme Court came to decide the cases that came to shape our political system . . . there is much to enjoy in On Democracys Doorsteps detailed accounting of the creation of the principle of ‘one person, one vote.”
—Los Angeles Review of Books
“‘One person, one vote lies at the heart of democracy. J. Douglas Smith tells the gripping story of how the U.S. Supreme Court boldly acted in the 1960s to bring that ideal closer to reality. And he unearths the first stirrings of backlash that augured todays polarized politics. A fascinating blend of political, legal, and social history.”
—Michael Waldman, President, Brennan Center for Justice at NY U School of Law, and author of The Second Amendment: A Biography
“A topic as important and serious as voting deserves an important and serious book. This is it. J. Douglas Smith has done a masterful job of untangling the reapportionment thicket.”
—Julian Bond, former chairman of the NAACP and Distinguished Adjunct Professor, American University
“Over the course of our countrys history, our ability to live up to our founders vision has been tested time and time again. J. Douglas Smith tells the story of the people who met one of the most critical of these tests. This is the story of citizens, elected leaders, activists, lawyers, and judges who, over time,
developed a deeper understanding of what true self-governance means. Its a story that reminds us that our key founding principle—that in a democracy, everybody counts—is worth fighting for. And that it must be protected with constant vigilance.”
—Maggie Hassan, Governor of New Hampshire
“J. Douglas Smiths On Democracys Doorstep is the definitive legal whodunit about the creation of the ‘one person, one vote standard. Smith reminds us—now when its vitally important to recall it—that the doctrine was neither obvious nor certain, and that a colorful, interconnected crew of country lawyers, litigation experts, journalists, and justices toiled for years to bring it into existence.”
—Dahlia Lithwick, Supreme Court correspondent, Slate
“Today, the principle of ‘one person, one vote is fundamental to democracy—but it wasnt always so. On Democracys Doorstep tells how the Supreme Court decided to enter the political thicket and create the modern law of democracy, and how a proposed constitutional amendment almost reversed the Court. In todays era of partisan gerrymandering and the overturning of the Voting Rights Act, this book could not be more timely and relevant.”
—Noah Feldman, Professor, Harvard Law School, and author of Scorpions: The Battles and Triumphs of FDRs Great Supreme Court Justices
“On Democracys Doorstep is a superb account of the Supreme Courts critical ‘one person, one vote decision. It is thoroughly researched and beautifully written. Everyone who cares about American democracy will want to read this book.”
—Gary May, Professor of History, University of Delaware, and author of Bending Toward Justice: The Voting Rights Act and the Transformation of American Democracy
“On Democracys Doorstep is the compelling story of how a president and a Supreme Court rescued American democracy a half century ago—a vitally important book for our democracys new age of crisis.”
—John Fabian Witt, Professor, Yale Law School, and author of Lincolns Code: The Laws of War in American History
“A fascinating account of a crucial yet little-known chapter in American history, On Democracys Doorstep is a meticulously reported, thoughtfully written inside story of the momentous legal doctrine that profoundly shaped American politics.”
—Ari Berman, author of Herding Donkeys: The Fight to Rebuild the Democratic Party and Reshape American Politics
“[On Democracys Doorstep] is invaluable for anyone who wishes to understand the court, especially those who arent familiar with legal jargon . . . Smith gives us the knowledge that imparts the power to change and, more importantly, the hope that it can succeed.”
—Kirkus (starred review)
“As historian Smith ably demonstrates, beginning in the late 19th century, malapportionment—the uneven representation of constituents by lawmakers—became the most serious threat to political equality . . . Smith takes a novel angle and writes with a light touch.”
—Publishers Weekly
About the Author
J. Douglas Smith is the author of Managing White Supremacy: Race, Politics, and Citizenship in Jim Crow Virginia, which received the 2003 Library of Virginia Literary Award in Nonfiction. He is the executive director of the Los Angeles Service Academy, a program that teaches students how the political, social, and environmental infrastructure of metropolitan Los Angeles works. He lives in Los Angeles with his wife and two children.
Table of Contents
PROLOGUE 3
1. ROTTEN BOROUGHS 11
2. CALIFORNIA, 1948 23
3. THE SHAME OF THE STATES 35
4. IT HAS LOTS TO DO WITH THE PRICE OF EGGS: THE MAKING OF BAKER V. CARR 52
5. INTO THE PO LITI CAL THICKET 71
6. ONE PERSON, ONE VOTE 99
7. THE MAKING OF REYNOLDS V. SIMS 116
8. CONVERGING ON WASHINGTON, D.C. 139
9. AMICUS CURIAE 157
10. NOVEMBER 1963 172
11. LEGISLATORS REPRESENT PEOPLE, NOT TREES OR ACRES 192
12. THE LITTLE FILIBUSTER 218
13. SCARED STIFF 241
14. LET THE PEOPLE DECIDE 263
EPILOGUE 281