Should state legislative districts been drawn by independent commissions? (user search)
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  Should state legislative districts been drawn by independent commissions? (search mode)
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No
 
#3
No opinion/Maybe/Etc.
 
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Total Voters: 70

Author Topic: Should state legislative districts been drawn by independent commissions?  (Read 11510 times)
politicallefty
Junior Chimp
*****
Posts: 8,314
Ukraine


Political Matrix
E: -3.87, S: -9.22

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« on: November 15, 2014, 12:56:25 PM »

I agree with the majority here and I've maintained that position for as long as realized it was an issue. However, the biggest problem with gerrymandering now is that advanced software virtually guarantees maximum advantage to the party in power. It's now taken to the literal extremes, especially when you look at a state like North Carolina (or Illinois, if you want to look at one of the very few aggressive Democratic gerrymanders). Ultimately, I don't care which party does it. Neither party should be able to gerrymander. It is fundamentally unfair and anti-democratic.
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politicallefty
Junior Chimp
*****
Posts: 8,314
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #1 on: November 29, 2014, 01:08:48 PM »

And they don't obviate other ways to express popular discontent. For example Maryland had a referendum on our 2010 redistricting. It upheld it,  showing the state broadly approved of it. In most states, in fact, statewide officers have to approve any redrawing of the lines. And most states have a way to put such issues on the ballot for ratification.

I know I can refute all of your points that appear to support partisan gerrymandering, but this one stood out. Are you really surprised that a strongly Democratic state voted to maintain an extremely partisan gerrymander? I'm sure the majority of Maryland voters would have been just as happy with an 8D-0R gerrymander. As a partisan Democrat, I'd prefer to see California send 53 Democrats and zero Republicans to the House. However, I'm someone that realizes that that would be unfair and unrepresentative of the state. As such, I like what the redistricting commission has done (despite the fact that it is unilateral disarmament on our side). If it is up to the voters of an entire state to choose its entire representation, you might as well have at-large elections.
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politicallefty
Junior Chimp
*****
Posts: 8,314
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #2 on: December 06, 2014, 01:01:50 PM »

I apologize for responding so late.

No, I'm not surprised. But my point is that it was the will of the state to have that partisan gerrymandering, even though as a Republican, it hurts me. I don't think it's unfair if California has a partisan Democratic gerrymander, because I think that's the general sentiment of the voters of California.

My point is that the will of the voters can be expressed to uphold or reject a gerrymander. They should have the power to express an opinion, and if it's upheld, it should stay. I just think the states should have the power to vote up or down a redistricting plan every ten years, and that's a fair way to exercise a democratic voice on what the map is like. I don't support the states doing "at large" elections for Congress Members (though it's been done before).

And the point of us being a republic is that we ask our elected lawmakers, on our behalf, to make decisions for us. That includes drawing district lines. This is, for better or worse, far more representative than anything else.

If gerrymandering is to occur, the point of having individual districts is effectively defeated. When entire regions are effectively torn up for partisan advantage, the people are not being fairly represented. Extreme gerrymanders can put the opposition in power over the will of the majority (I'd note the NY State Senate as one example). At the federal level, the gerrymanders in PA and MI thwart the will of the people. Even in otherwise barely Republican-leaning NC, Democrats won 51% of the House vote in 2012, yet only won 4/13 seats.

I can understand your hesitation with having independent commissions. However, partisan gerrymandering can cement a party's majority for the decade or even longer. I do believe that is fundamentally unfair and a conflict of interest. Putting it up as a referendum wouldn't necessarily work though. It's basically a process issue, one where the vast majority either doesn't care about or isn't able to understand (such as the filibuster). And, like I basically said before, in states with strong partisan leanings, a referendum is a foregone conclusion. I do believe the US is the only modern democracy that retains this system of redistricting whereby elected officials can draw their own districts.

I response to the recent posts, I continue to assert that the best model has the legislature write the criteria by which districts are drawn, then turn the process over to an independent body to execute the criteria and produce a set of different plans consistent with the criteria. Finally the legislature is given the final decision on which of the independent plans are adopted.

I think that's a very reasonable compromise. However, my biggest concern would be with the criteria being set by the legislature. For example, what would prevent a legislature from requiring that two incumbents cannot be placed in the same district? I think allowing the legislature to set criteria grants too much deference. Deference to the legislature has effectively ruined Florida's redistricting reform.

If you're talking about something closer to Iowa's setup, I would have a very hard time opposing it. As I understand it, election and incumbent data is barred from consideration. I think those are absolute requirements for a fair redistricting scheme.
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politicallefty
Junior Chimp
*****
Posts: 8,314
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #3 on: January 01, 2015, 01:12:09 PM »

Okay, I get why you're suggesting Maryland specifically, but, in general, by what imaginable standard does that not create a whole cornucopia of perverse incentives?

Based on his posting history (one of extreme partisan hypocrisy), he only chose Maryland because it was a Democratic gerrymander. He wants Congress to intervene and overturn Democratic gerrymanders while leaving Republicans to gerrymander as they please all across the country. In other words, North Carolina should be free to draw a Republican gerrymander as it chooses, but Maryland's Democratic gerrymander should not be allowed. (Democratic gerrymanders should be disallowed, but Republican ones are perfectly fine.)

That is, unless he is proposing Congress take redistricting authority over all 50 states. I do believe that under the Constitution that that would be a power granted to Congress (and, of course, subject to the President's veto). Picking and choosing which states should be drawn individually would likely violate the Equal Protection Clause, at least if one is consistent with the striking down of Section 4(b) of the VRA. I see no way that the Constitution would allow Congress to single out certain states without some objective criteria that did not violate the Equal Protection Clause (although even Section 4(b) was based on objective criteria, albeit older, rather than singling out certain states).
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