Jonah Patel
Redistricting is the process of drawing electoral district boundaries for the United States House of Representatives and state legislatures. While the US Constitution does not prevent states from redistricting at any time between censuses, various federal constitutional and statutory requirements must be complied with, including rules about equal population and minority voting rights. Redistricting is a highly controversial topic, with critics arguing that it has been used to neutralize minority voting power. The Supreme Court of the United States has issued several decisions dealing with redistricting policy, including rulings relating to the consideration of race in drawing district maps, the use of total population tallies in apportionment, and the constitutionality of redistricting commissions.
| Characteristics | Values |
|---|---|
| Redistricting | The process of drawing electoral district boundaries for the United States House of Representatives and state legislatures. |
| Redistricting frequency | Redistricting occurs after each ten-year census. |
| Federal law | Federal law does not prevent states from redistricting at any time between censuses, but mid-decade redistricting is highly controversial and often prohibited. |
| Proportional representation | The US Constitution provides for proportional representation in the House of Representatives. |
| Fixed number of seats | The Reapportionment Act of 1929 fixed the number of seats in the House of Representatives at 435. |
| Automatic reapportionment | A 1941 act made reapportionment among states by population automatic after every decennial census. |
| Authority to establish districts | Article I, Section 4 of the US Constitution leaves the authority to establish congressional districts to each state's legislature, subject to judicial review. |
| State constitutions and laws | State constitutions and laws mandate which body has responsibility for drawing state legislature boundaries. |
| Population requirements | Districts should be contiguous, compact, and equally populated. Each state can set its own standards for congressional and legislative districts. |
| Federal requirements | All congressional, state legislative, and local district lines must comply with certain federal constitutional and statutory requirements, including provisions for equal population and minority voting rights. |
| Use of race | Under the US Constitution, race cannot be the predominant factor in drawing district lines, except to ensure that minority voters are not harmed. |
| Voting Rights Act | The federal Voting Rights Act of 1965 was designed to combat tactics denying minorities the right to an effective vote, and it overrides inconsistent state laws. |
| State rules | Some states have specific rules, such as prohibiting the drawing of "canoe districts" in Hawaii, or requiring accounting for political boundaries when drawing districts. |
| Gerrymandering | Critics argue that redistricting has been used to neutralize minority voting power, while supporters contend it enhances electoral competitiveness. |
| Responsibility for redistricting | The state legislature typically has primary responsibility for redistricting, but some states use independent or bipartisan redistricting commissions. |
| Judicial review | State and federal courts can resolve disputes over redistricting and review proposed redistricting plans. |
| Supreme Court rulings | The Supreme Court has issued rulings on redistricting, including on the consideration of race, total population tallies, and the constitutionality of redistricting commissions. |
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What You'll Learn
Federal and state laws
At its core, redistricting in the United States involves drawing electoral district boundaries for the House of Representatives and state legislatures. This process occurs after each decennial census, as mandated by the Reapportionment Act of 1929, which fixed the number of seats in the House at 435. The Constitution's Article 1, Section 2, Clause 3 emphasizes proportional representation in the House, ensuring that states are represented based on their population.
Federal law allows states to conduct redistricting at any time between censuses, provided they adhere to federal statutes and court rulings. For instance, mid-decade redistricting, though controversial, is not explicitly prohibited. However, many states have chosen to prohibit mid-decade redistricting, particularly for state legislative redistricting.
State laws and constitutions play a significant role in the redistricting process. They often mandate which body, such as the state legislature or independent commissions, has the authority to draw state legislature boundaries. In 25 states, the state legislature takes the lead in creating redistricting plans, while 13 states utilize independent or bipartisan redistricting commissions. State laws may also impose constraints, such as requiring districts to follow political boundaries like county or city lines.
Both federal and state laws emphasize specific criteria for redistricting. These criteria include equal population rules, ensuring that districts have roughly equal populations. The one-person, one-vote rule is a fundamental principle in this regard. Additionally, federal law prohibits the use of race as the predominant factor in drawing district lines. The Voting Rights Act of 1965 and subsequent rulings aim to prevent racial discrimination and protect the voting rights of minorities.
In conclusion, federal and state laws work together to govern the redistricting process, ensuring compliance with constitutional principles, equal representation, and protection of voting rights. While states have flexibility in their redistricting approaches, they must adhere to federal requirements and judicial interpretations of those requirements.
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Gerrymandering
While some Supreme Court justices have argued that gerrymandering can be found unconstitutional under the equal protection clause, the Court has yet to establish clear standards for adjudicating gerrymandering claims. In 2019, the Court ruled that gerrymandering for party advantage cannot be challenged in federal court, further empowering elected officials to select their constituents.
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Voting Rights Act
The Voting Rights Act is a crucial federal redistricting requirement that ensures that America's racial and ethnic diversity is reflected in its representatives. It has received widespread bipartisan support in Congress. The Voting Rights Act addresses discriminatory election rules to ensure that the racial and ethnic diversity of the people they represent is reflected in legislatures at all levels of government.
The Act prohibits the drawing of district lines with the intention of harming voters based on their race or ethnicity. It also prohibits the drawing of district lines with the intention of diminishing the voting power of communities of colour. In the case of intentional discrimination, the Constitution has prohibited such government efforts for over 100 years.
The Supreme Court has ruled that redistricting plans should be viewed with scepticism when race or ethnicity is the predominant reason for including or excluding a significant number of people from a district. This does not imply that race cannot be considered or that districts drawn primarily on racial lines are invalid. It simply means that there must be a compelling reason for making race the predominant factor. Compliance with the Voting Rights Act is one such compelling reason.
Section 2 of the Voting Rights Act requires that the number of minority opportunity districts in a new redistricting plan must be at least the same as in the previous plan. However, there are exceptions to this rule. For instance, in areas where minority populations have grown, such as Latino communities in Texas, more minority opportunity districts may be required. On the other hand, in areas where minority populations have decreased, it may be impossible to draw a minority opportunity district.
Some states, such as California and Washington, have their own versions of the Voting Rights Act. For instance, California allows for challenges to the at-large method of election if it weakens a minority group's ability to elect a candidate of choice.
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Population equality
The concept of population equality in redistricting is rooted in the United States Constitution and various federal laws. The Constitution, in Article 1, Section 2, Clause 3, provides for proportional representation in the House of Representatives. The Reapportionment Act of 1929 required a constant 435 seats in the House, with reapportionment among the states by population occurring automatically after every decennial census. This process ensures that each representative in the House speaks for roughly the same number of constituents.
While the Constitution sets the framework, federal laws and court rulings further define the requirements for population equality. The "one-person, one-vote" rule, established by the Supreme Court, mandates that districts must have roughly equal populations to ensure equal representation. This rule applies to both state and local legislative districts.
The Voting Rights Act of 1965 is another crucial piece of legislation that reinforces population equality. It was designed to combat tactics that denied minorities the right to an effective vote, including discriminatory redistricting practices. The Act overrides inconsistent state laws, just as the constitutional equal population rule does.
In practice, achieving perfect population equality across districts is challenging. Districts may deviate from perfect equality as long as the maximum population deviation between the largest and smallest district is less than 10%. These deviations must be justified by "legitimate considerations." Additionally, states may impose additional constraints to ensure compliance with the equal population principle, such as requiring districts to follow political boundaries like county or city lines.
In summary, population equality is a fundamental principle of redistricting in the United States. It is enshrined in the Constitution and further strengthened by federal laws and court rulings. While achieving perfect equality is difficult, the "one-person, one-vote" rule and other measures help ensure that districts are drawn with roughly equal populations, guaranteeing equal representation for all citizens.
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State constitutions
The redistricting process is subject to judicial review, and disputes over congressional and legislative redistricting are often resolved by state and federal court systems. The federal Voting Rights Act of 1965 also plays a crucial role in ensuring that redistricting does not deny minorities the right to an effective vote. While federal law, including the Constitution, generally does not prevent states from redistricting between censuses, mid-decade redistricting proposals have been highly controversial and are prohibited by many states.
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Frequently asked questions
Redistricting is the process of drawing electoral district boundaries for the United States House of Representatives and state legislatures.
Under the US Constitution, districts must comply with certain federal constitutional and statutory requirements. Districts may not use race as the predominant factor in deciding how to draw boundaries, although there are exceptions to this rule, such as ensuring minority voters are not harmed. Districts must also comply with the one-person, one-vote rule, although they may deviate from perfect population equality if the maximum population deviation between districts is less than 10%.
State constitutions and laws mandate which body has responsibility over drawing state legislature boundaries. 34 states require state legislative districts to follow political boundaries, such as county or city lines. Additionally, 25 states give the state legislature primary responsibility for creating a redistricting plan, often subject to approval by the state governor.
