Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power," the idea being that the judiciary ought not step in on their behalf if there are legislative outlets available to them. But how should a court determine whether a group is politically powerful (or powerless)? This article argues that the typical indicia of political power relied on by the courts are unwisely based on political outputs, or what minority groups strive for (such as laws in their favor), rather than political inputs, or the things that determine whether groups can get political outputs in the first place (such as money).
Pat Andriola, The Process of Power: A Process-Oriented Approach to Dissecting a Group's Political Power, 5 Ind. J.L. & Soc. Equality 133 (2017).