Guinier Supports Electoral Protection for Minorities

Minorities in a democracy need protection against the tyranny of the majority, said former nominee for Assistant Attorney General C. Lani Guinier '71 in an Institute of Politics speech at the Kennedy School last night.

The University of Pennsylvania Law School professor, who will be Harvard's Class Day speaker, defended her controversial views on voting rights before a crowd of about 200 people.

Two members of the Students Coalition for Civil Rights displayed a banner during the speech which said "Please Come to Harvard Law School." Guinier has been offered a visiting professorship at Harvard Law School.

During the confirmation process for Assistant Attorney General for Civil Rights, Guinier's views on proportional representation became the focus of a national debate. Conservatives said the former nominee valued race over merit.

"Who I was, was not myself," Guinier said. "identified by caricatures, I was Clinton's quota queen."

Guinier criticized conservatives and the media for twisting her law writings, using them to describe her ideas as leftist and out of the mainstream. Members of the Administration asked her to remain silent during the confirmation proceedings, she said.

"While my opponents had a platform from which to attack me, I could not defend my opinions," said Guinier.

Guinier explained her controversial criticisms of the "winner take all" electoral system. One of her proposed solutions would be the policy of "cumulative voting" where each eligible voter gets a set amount of votes.

"Politics should not be a game of I win, youlose. I think we can all win something," she said."For example, every voter gets ten votes, butrather than having to cast one vote as yes or no,the voter, if they feel strongly on an issue, canput all their votes in support of issue."

Such a policy would protect minority interests,she said. Similar mechanisms are already in placeto protect minority stockholders in companies.

"This is a positive-sum solution," saidGuinier. "It is neither a radical or undemocraticsolution."

Guinier said she would have sought democracyfor all citizens as assistant attorney general.

She pointed to the current Supreme Court racialgerrymandering case [Shaw vs. Reno] in NorthCarolina as defensible, but not the best option toprotect voting rights.

"All districting is gerrymandering to someextent," Guinier said. "It is not a democracy when51 percent of the people dictate the rules to theother 49 percent."

The system of racial gerrymandering "breedsdistrust and retreat that leads to a dangerouspolarization," Guinier said. She called for acomprehensive dialogue on racial issues.

"It has been 40 years since the landmarkBrown vs. Board of Education case. Yet, thestigmatic injury of separate but equal remains,"she said.

Internalized racism still exists, and that iswhy we need a public conversation," she said.

Guinier said she would continue her drive forvoting equality for all citizens.

She also offered final words for herconservative critics.

"Better to be vaguely right than preciselywrong," she said. "We shall speak until all peoplegain a voice.

"Politics should not be a game of I win, youlose. I think we can all win something," she said."For example, every voter gets ten votes, butrather than having to cast one vote as yes or no,the voter, if they feel strongly on an issue, canput all their votes in support of issue."

Such a policy would protect minority interests,she said. Similar mechanisms are already in placeto protect minority stockholders in companies.

"This is a positive-sum solution," saidGuinier. "It is neither a radical or undemocraticsolution."

Guinier said she would have sought democracyfor all citizens as assistant attorney general.

She pointed to the current Supreme Court racialgerrymandering case [Shaw vs. Reno] in NorthCarolina as defensible, but not the best option toprotect voting rights.

"All districting is gerrymandering to someextent," Guinier said. "It is not a democracy when51 percent of the people dictate the rules to theother 49 percent."

The system of racial gerrymandering "breedsdistrust and retreat that leads to a dangerouspolarization," Guinier said. She called for acomprehensive dialogue on racial issues.

"It has been 40 years since the landmarkBrown vs. Board of Education case. Yet, thestigmatic injury of separate but equal remains,"she said.

Internalized racism still exists, and that iswhy we need a public conversation," she said.

Guinier said she would continue her drive forvoting equality for all citizens.

She also offered final words for herconservative critics.

"Better to be vaguely right than preciselywrong," she said. "We shall speak until all peoplegain a voice.