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Article: Gerrymandering and Democracy

Discussion in 'BBS Hangout: Debate & Discussion' started by HootOwl, Dec 2, 2003.

  1. HootOwl

    HootOwl Member

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    This New Yorker article is really interesting...it talks about redistricting in general (by both parties and not just in Texas), how much more sophisticated it has become, and what the consequences are for representative democracy...


    http://www.newyorker.com/fact/content/?031208fa_fact

    THE GREAT ELECTION GRAB
    by JEFFREY TOOBIN

    When does gerrymandering become a threat to democracy?
    Issue of 2003-12-08
    Posted 2003-12-01

    With his West Texas twang, loping swagger, and ever-present cowboy boots, Charlie Stenholm doesn’t much look like or sound like anybody’s idea of a victim. Since 1979, he has been the congressman for a sprawling district west of Dallas, and his votes have reflected the conservative values of the cattle, cotton, and oil country back home. He opposes abortion, fights for balanced budgets, and voted for the impeachment of President Clinton. His Web site features photographs of him carrying or firing guns. Through it all, though, Stenholm has remained a member of the Democratic Party, and for that offense he appears likely to lose his job after the next election.

    Stenholm was a principal target in one of the more bizarre political dramas of recent years—the Texas redistricting struggle of 2003. Following the 2000 census, all states were obligated to redraw the boundaries of their congressional districts in line with the new population figures. In 2001, that process produced a standoff in Texas, with the Republican state senate and the Democratic state house of representatives unable to reach an agreement. As a result, a panel of federal judges formulated a compromise plan, which more or less replicated the current partisan balance in the state’s congressional delegation: seventeen Democrats and thirteen Republicans. Then, in the 2002 elections, Republicans took control of the state house, and Tom DeLay, the Houston-area congressman who serves as House Majority Leader in Washington, decided to reopen the redistricting question. DeLay said that the current makeup of the congressional delegation did not reflect the state’s true political orientation, so he set out to insure that it did.

    “This was a fundamental change in the rules of the game,” Heather Gerken, a professor at Harvard Law School, said. “The rules were, Fight it out once a decade but then let it lie for ten years. The norm was very useful, because they couldn’t afford to fight this much about redistricting. Given the opportunity, that is all they will do, because it’s their survival at stake. DeLay’s tactic was so shocking because it got rid of this old, informal agreement.” But Texas law contained no explicit prohibition on mid-decade redistricting, so the leadership of the state government, now unified in Republican hands, tried during the summer of 2003 to push through a new plan. Democrats attempted novel forms of resistance. In May, fifty-one House members fled to Oklahoma, to deprive the new leadership of a quorum; in July, a dozen senators decamped to New Mexico, for the same purpose. But defections and the passage of time weakened Democratic resolve, and, on October 13th, the plan sponsored by DeLay was passed.

    “They did everything they could to bust up my political base,” Stenholm told me. “They drew my farm and where I grew up into the Amarillo district, and they drew Abilene, where I live now, into the Lubbock district.” As a result, Stenholm will be forced to run in one of these districts if he wants to remain in the House. The new map creates similar problems for half a dozen other incumbent Texas Democrats, so the reapportionment may add as many as seven new Republicans to the G.O.P. majority in the House of Representatives and shift the state’s delegation to 22-10 in favor of the Republicans. “Politics is a contact sport,” Stenholm said. “I’ve been in this business twenty-five years. I will play the hand I was dealt.”

    In Texas and elsewhere, redistricting has transformed American politics. The framers of the Constitution created the House of Representatives to be the branch of government most responsive to changes in the public mood, but gerrymandered districts mean that most of the four hundred and thirty-five members of Congress never face seriously contested general elections. In 2002, eighty-one incumbents ran unopposed by a major party candidate. “There are now about four hundred safe seats in Congress,” Richard Pildes, a professor of law at New York University, said. “The level of competitiveness has plummeted to the point where it is hard to describe the House as involving competitive elections at all these days.” The House isn’t just ossified; it’s polarized, too. Members of the House now effectively answer only to primary voters, who represent the extreme partisan edge of both parties. As a result, collaboration and compromise between the parties have almost disappeared. The Republican advantage in the House is modest—just two hundred and twenty-nine seats to two hundred and six—but gerrymandering has made the lead close to insurmountable for the foreseeable future.

    There is, it appears, just one chance to change the cycle. On December 10th, the United States Supreme Court will hear arguments in a case that could alter the nature of redistricting—and, with it, modern American electoral politics. The court has long held that legislators may not discriminate on the basis of race in redistricting, but the question now before the court is whether, or to what extent, they may consider politics in defining congressional boundaries. “There is a sense of embarrassment about what has happened in American politics,” Samuel Issacharoff, a professor at Columbia Law School, said. “The rules of decorum have fallen apart. Voters no longer choose members of the House; the people who draw the lines do. The court seems to think that something has to be done.” The case could well become the court’s most important foray into the political process since Bush v. Gore. As Ronald Klain, a Democratic lawyer in election-law cases, puts it, “At stake in this case is control of Congress—nothing more, nothing less.”

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    The whole article is worth a read. It talks about the Supreme Court taking up the challenge to the most recent Pennsylvania redistricting plan.

    I tried to find an old redistricting thread instead of starting a new one, but I guess they were all too old? Or else I don't know how to look that far back...sorry...
     

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