Simone Lawson
The US Constitution requires that legislative districts be of equal population, as per the one person, one vote doctrine. This has been upheld in several Supreme Court cases, including Wesberry v. Sanders, Reynolds v. Sims, and Hadley v. Junior College Dist. District plans must also not be drawn with the purpose of harming voters of a protected class, as seen in Gomillion v. Lightfoot, where the Supreme Court struck down a local act that altered a city's boundary lines, effectively removing almost all Black voters from the city. While the Voting Rights Act seeks to avoid ethnic or political biases in district plans, the method of manually drawing district maps is still susceptible to such biases. To address this, some states have proposed using computer programs to generate district maps based on specified parameters, which arguably satisfies the requirement for redistricting without the need for a constitutional amendment. However, the specific requirements for district plans and the implications of potential amendments vary from state to state.
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What You'll Learn
Redistricting and the one person, one vote doctrine
The "one person, one vote" principle was invoked in a series of cases by the Warren Court in the 1960s during the height of related civil rights activities. The US Supreme Court's 1964 decision in Reynolds v. Sims established the "one person, one vote" (OPOV) doctrine, which requires each state legislative district to contain roughly the same number of people. This ruling was extended to US Congressional districts in Wesberry v. Sanders. The Court clarified that districts should aim for mathematical equality, though some deviations are constitutionally permissible, especially if justified by legitimate state policy.
The OPOV doctrine holds that one person's voting power ought to be roughly equivalent to another person's within the same state. Equal protection, as guaranteed by the Fifth and Fourteenth Amendments, requires that each person be treated equally in their voting power. The most relevant Supreme Court case is Reynolds v. Sims, in which the Court held that states must redistrict to preserve legislative districts with roughly equal populations. This ensures that each person's vote carries a substantially similar weight to that of any other voter, as seen in Avery v. Midland County, where the Court applied the OPOV principle to local election districts.
The "one person, one vote" principle has been applied to state apportionment schemes, requiring state legislative districts to have equal populations. This is based on the Equal Protection Clause of the Fourteenth Amendment, which mandates that states make an honest and good-faith effort to construct districts with nearly equal populations. The principle also applies to local election districts, ensuring that voters' votes carry similar weight. However, the OPOV principle has never been implemented in the US Senate regarding state representation due to the Great Compromise, which established equal representation for each state in the Senate.
Redistricting is a critical aspect of ensuring fair representation and equal voting power. Unfair redistricting, or gerrymandering, can result in certain districts having more power than others. This can favour a particular political party or be based on racial factors, leading to voters in certain districts being given more influence than others. To address these issues, some states have proposed creating a bipartisan Redistricting Commission to draw maps, while others have suggested using computer programs to generate district maps impartially.
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Avoiding racial bias in district plans
In the United States, district plans are subject to certain federal constitutional and statutory requirements. The Fourteenth Amendment's Equal Protection Clause requires that districts be of equal population, as per the ruling in Reynolds v. Sims. This has been interpreted to mean that each elected representative should represent substantially equal populations, as seen in the case of Wesberry v. Sanders.
To avoid racial bias in district plans, here are some key considerations:
Avoid Racial Gerrymandering
Racial gerrymandering refers to the practice of drawing district lines in a way that dilutes the voting power of minority racial groups. This was seen in the case of Gomillion v. Lightfoot, where the Supreme Court ruled that altering a city's boundaries to effectively remove Black voters violated the Fifteenth Amendment. To avoid racial gerrymandering, districts should be drawn in a way that ensures minority groups have a proportionate electoral power that reflects their percentage of the population. This is known as rough proportionality.
Preserve "Communities of Interest"
When drawing district lines, it is important to consider preserving "communities of interest," which are groups of people with common interests, including racial and ethnic interests. By keeping these communities intact, it ensures that their voices are not drowned out by being relegated to an insubstantial minority in most or all districts.
Avoid Intentional Discrimination
The Constitution prohibits intentional government efforts to treat similarly situated people differently based on their race or ethnicity. This includes the practice of "cracking," where minority populations are splintered across multiple districts to dilute their voting power.
Consider Voting Rights Acts and Court Precedents
When creating district plans, it is crucial to consider the federal Voting Rights Act and relevant court precedents. The Voting Rights Act seeks to avoid ethnic biases in district plans and may require changes to district lines to give minority communities equitable electoral opportunities. Additionally, court decisions have provided guidance on avoiding racial bias, such as the requirement for rough proportionality and the need for a compelling reason to consider race in redistricting.
Utilize Impartial Methods
To remove potential biases, some states have proposed utilizing computer programs to draw district maps based on predetermined, impartial parameters. This method avoids the potential for human intervention to create biased district plans and can help ensure compliance with constitutional requirements.
By following these considerations, it is possible to create district plans that avoid racial bias and ensure fair representation for all communities.
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The role of computers in drawing district maps
Computers have played an increasingly significant role in drawing district maps, with new computational tools being used to hold politicians accountable and ensure fair electoral practices. The process of redistricting is based on census data, which is released every decade. This data is then used to redraw district maps and adjust district lines to account for demographic shifts.
The use of computers in this process has been suggested as a way to address gerrymandering, where district maps are manipulated to favour a particular political party. Mathematicians and computer programmers have developed algorithms to create more compact and unbiased district maps. These algorithms aim to respect census block boundaries and ensure equal population distribution across districts.
One example is the work of Brian Olson, a software engineer who created an algorithm to draw "optimally compact" equal-population congressional districts. Olson's algorithm bypasses the complex considerations of communities of interest and focuses on straightforward geographic compactness. The use of computers in this process can help standardize the map-drawing process and reduce opportunities for manipulation.
Additionally, computers can be utilized to construct maps through various formats, such as raster and vector formats. Raster format treats the map as an x,y,z image, where x and y represent the position and z represents the color value. Vector formats, on the other hand, define objects mathematically using attributes such as position, width, and color. Computers can efficiently manage these formats, allowing for easy editing, layering, and manipulation of map elements.
While the use of computers in drawing district maps can provide objectivity and standardization, it is important to note that the specific parameters and algorithms used can still be subject to contention and potential biases. The role of computers in this process should be supervised and verified to ensure compliance with federal constitutional and statutory requirements, such as equal population distribution and protection against harming voters of protected classes.
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The impact of district plans on minority groups
District plans, also known as redistricting, can have a significant impact on minority groups. Redistricting is the process of redrawing the boundaries of legislative districts, which can be done to address population changes or to improve equal representation. However, it has also been used to dilute the influence of minority votes, known as gerrymandering.
Gerrymandering is a tactic used by political parties to gain an advantage by manipulating district boundaries to favour their voter base. This can be done through "cracking", where minority groups are split across multiple districts, reducing their voting strength. Alternatively, "packing" involves cramming minority voters into a small number of districts, isolating their influence.
Racial gerrymandering has been a historical tactic to minimise the impact of minority votes, particularly for Black voters. In the past, Southern states drew district boundaries to limit the number of districts where Black voters formed a majority, making it difficult for African American candidates to win elections. The Supreme Court's 1986 decision in Thornburg v. Gingles addressed this issue, forcing states to create more majority-minority districts.
The creation and preservation of majority-minority districts are crucial for ensuring the representation of minority groups in Congress. The number of representatives from racial and ethnic minority groups has increased, with around 70% of them hailing from these districts. However, the overall trajectory of minority representation is inconsistent across different racial and ethnic groups.
Additionally, gerrymandering can have adverse health consequences for minority populations. A study by the Environmental Justice Journal found that partisan gerrymandering often results in minority populations being pushed closer to toxic waste sites, leading to negative health outcomes.
While the Freedom to Vote Act aims to curb gerrymandering and enhance minority voting rights, the Supreme Court's recent decisions have made it more challenging to address racial gerrymandering. The Court's ruling in Rucho v. Common Cause (2019) stated that gerrymandering is a political question outside the jurisdiction of federal courts, leaving it to state legislatures and Congress to address.
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The constitutionality of D.C. statehood
The District of Columbia (D.C.) is currently established as the seat of the federal government of the United States. As such, for it to become a state in its own right, a constitutional amendment would be required. Given the unlikelihood of this, Democrats in Congress have proposed a plan that would create a new state, named Washington, Douglass Commonwealth, out of a land grant from the federal government, consisting of most of the current District of Columbia.
The plan would shrink the federal district to encompass only a few federal government buildings, such as the Capitol, the White House, and the Supreme Court. By avoiding making the seat of the federal government its own state, the Democrats' plan sidesteps the need for a constitutional amendment. However, this plan does raise other constitutional issues. For example, the land constituting the current District of Columbia was granted by Maryland, so some legal scholars argue that Maryland would have to consent to the land being granted to a new state. Others argue that Maryland permanently relinquished its claim to the land when it was granted to the federal government.
The 23rd Amendment also creates issues with the Electoral College votes for the hypothetical shrunken federal district. The amendment, ratified in 1961, grants the district no more electoral votes than the smallest state in the union, which is currently three votes. Under the Democrats' plan, the residents of the new, smaller district would likely only be the president and the president's family, effectively giving three electoral votes to the first family. Article II, Section 1, Clause 2 of the Constitution, however, provides that no person "holding an office of trust or profit under the United States" shall be appointed an elector, which includes the president. So, if a president lived alone in the White House, no residents of the district could serve as electors. The Democrats' bill for D.C. statehood calls for expedited procedures to consider repealing the 23rd Amendment, but this would require ratification by three-quarters of the states, including both red and blue states.
The plan would also likely result in a highly partisan state, and if its legislature reflected the current city council, it would be the only state without representation from one of the two major parties.
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Frequently asked questions
No, it does not. For example, a state constitution may require the legislature to adopt redistricting plans, but it does not require that a bill with a specific map be adopted. Adopting a process to produce a map using a computer can satisfy the requirement without the need for a constitutional amendment.
All congressional, state legislative, and local district lines must comply with certain federal constitutional and statutory requirements. Districts should have equal populations, be compact, and be contiguous. Districts cannot be drawn with the purpose of harming voters of a protected class.
Yes, one alternative proposal is to create a "bi-partisan" Redistricting Commission composed of equal numbers of Republicans and Democrats, with perhaps one tie-breaker member, who would draw a map and present it to the Legislature for adoption.
