by E. Sebastian Arduengo
Gerrymandering is such a tried and tested electioneering technique that one might think that the founders intended for political parties to draw boundaries for congressional districts to suit their interests. Given that one of the first uses of the gerrymander was on the part of Anti-Federalists in Virginia to keep James Madison out of the House of Representatives that may well be the case. But, after a round of district drawing following the 2010 census, have the parties finally taken it too far? Now that the 2012 election results are in, for the most part, we can see the effect of partisan redistricting on the composition of the House. While that effect probably wasn’t enough to shift control of the House to the Democrats, it was enough to heavily dilute Democratic voters in several key states.
But, before getting into that, what allows political parties to exercise so much control over the process of drawing congressional districts in the first place? The Constitution mandates that congressional districts be re-drawn after every census to reflect changes in population distribution; but how this is accomplished is largely left to states’ discretion. The two bedrock principles all states are supposed to abide by are “one person, one vote,” the idea that voters in different districts should have roughly equivalent voting power; and that districts cannot be drawn for the purpose of diluting minority voting power. However, in League of United Latin American Citizens v. Perry, the Supreme Court largely rejected a challenge brought by Texas voters that the redistricting scheme dreamed up by the Republican legislature was wholly unconstitutional, in part because the justices believed that there was no workable test for judging partisan excess.