The real issue with redistricting and gerrymandering is that it reflects a poorly constituted system of Government.
Our system was designed in a way that disregarded principles of geography and demographics in organizing the Federal Government. It was a kludge that reflected the fears of small states and institutions like slavery. To fix gerrymandering we must constitute the country in a way that respects the rights of people to representation of individuals and the communities they live in.
An Antiguated System
No System is sailor proof from people determined enough to sabotage it. But an antiquated system is like a fermenting fruit bowl attracting Fruit Flies. Our system is antiquated. It has many wonderful features and works well enough on most issues. But it has not been updated more than needed to patch glaring faults. As a result where it works well for the general population this reflects kludges, often opposed by a tiny minority of extremely wealthy and powerful privateers.
Our charter was optimized for Thirteen Colonies, for a narrow elite of wealthy white males and for a relatively small population. It still favors a minority of privileged wealthy white males. Gerrymandering is a symptom of this. It needs fundamental reform. This post describes how Gerrymandering impacts functionality and infringes on people's rights.
Infringing on Basic Principles
When Alexander Hamilton and James Madison helped lay out the Constitution, they argued to the public that the schema for the United States was to borrow on the kind of relationship between States and Counties and provide a fair schema for dividing government between local government, State and national government. This schema was meant to embody basic principles for producing justice, fairness, protecting rights and providing for the general welfare. Gerrymandering infringes on all these privileges to one degree or another.
Basically the principles that are infringed are:
- Those of democratic subsidiarity,
- separation of power into those actions that require general direction, or
- require local informal collaboration,
- or are managed best by local authorities.
- Respect for principles of Subdivision:
- A right to localized autonomy based on geography and population.
- Federation Principles:
- that subdivisions should be federated so each part has an fair say.
- Republican Principles:
- that people should be represented in all generalized levels of government over them.
- All these principles are for the sake of optimizing land and population management.
- Representation:
- Appropriate representation for all (majority & minority),
- Majority Rule
- One person one vote principle,
- The principle that subdivisions should be appropriately represented in their general government
Gerrymandering doesn't merely reflect cheating. It reflects unjust and arbitrary government that infringes on all these principles. Gerrymandering infringes on all of these
Respecting Natural and Demographic Borders
- Divisions and Subdivisions of Government should reflect geographical and political boundaries.
In a rationally constituted Republic, political lines reflect geography, which reflects population location, interconnections, natural and man made property lines. People belong to collective entities such as towns, neighborhoods and the like. A rational subdivision schema ensures that the people of those areas of self identity are represented in government. In the case of large scale general government a politician may represent more than one local area. When that is the case there should be intermediate general representation to represent the common interests of multiple jurisdictions.
Gerrymandering ignores all these boundaries to draw new ones that ignore geography and population, except to find voters who will reelect a corrupt crew.
Doing Violence to the Schema of Appropriate Subdivision
Gerrymandering does violence to the principle of "appropriate subdivision" by ignoring the principles of "appropriate subdivision" in drawing election districts. That this isn't a trivial issue is illustrated by simply looking at the worst of the resulting gerrymandered districts. Gerrymandering reflects population size at the expense of ignoring geography. The Drawers of gerrymandered district are looking at how people vote and choosing to maximize the vote for their favored candidates.
Gerrymandering reflects Electoral College dysfunction
Gerrymandering would have long ago been ruled unconstitutional were it not that it reflects the schema that allowed tiny states to co-exist with large States and enshrined arbitrary and anachronistic land divisions into our charter. Our electoral college gives at least 3 representatives to every State, large or small. It lets the states decide how to subdivide those representatives, with the one rule that the districts should have the same population of voters. This pretty much invites Gerrymandering. Indeed Gerrymandering dates back to shortly after the Constitution went into effect. Thus to provide a permanent fix would take an amendment to the constitution.
Infringing on the Majority
Actual majorities are threshold states for achieving full consensus. Even Birds mentally calculate majority direction when deciding where they will fly as a flock. Minority rule blocks such consensus. Gerrymandering blocks majority rule. It leads to conflict because people (and animals) instinctively know when there is unfairness. Majority rule has its weaknesses, but minority rule is intrinsically unfair.
Gerrymandering infringes on principles of "majority rule." It may honor the letter, but ignores the spirit of majority rule. Gerrymandered districts can give majority power to minorities by segregating people so that they might be 90% in one district and 51% in others. This allows all kinds of ills, including economic oppression and racism.
- I discuss this in the context of the Federalist Papers:
- http://holtesthoughts.blogspot.com/2015/01/demos-in-federalist-papers.html
- The Right Wing, in True Totalitarian Manner equates Majority Rule with "Collectivism". That is one reason their ideology is anti-democratic and dysfunctional. For more see:
- http://holtesthoughts.blogspot.com/2012/07/attacking-democracy-itself.html
Infringing on One Person One Vote
Gerrymandering effectively denies one person one vote principles by paying lip service to them in dividing up lines. District lines that ignore population principles infringe on the voices of those so relegated to weaker representation.
The Principle of one person one vote is enshrined in the principles of our founding. It is the second fundamental principle, that must be in balance with the principle of majority rule. That is the right of every person to 'his' (or her) 'own person' [Thomas Jefferson]. To be truly free one must have power over one's own life. Each person under natures law has what Locke Called a right to "a state of liberty." The principle of one person one vote is meant to adjudicate arguments over whether smaller (and likely weaker) states should have disproportionate power to larger and more populous states by allocating by population. Balancing that principle has to be the principle of self rule for localities.
- http://holtesthoughts.blogspot.com/2015/01/demos-in-federalist-papers.html
- http://holtesthoughts.blogspot.com/2012/08/john-locke-on-virtues-of-liberty.html
Infringing on Local Self Rule
Gerrymandering takes part of the population of one town or county an lumps it with people from other townships in order to strengthen or weaken the votes of those so infringed. The principle of one person one vote is used as an excuse to deny representation to people in unfavored local jurisdictions. Cities, even towns are general government. True local government is government where there can be a general assembly and people can get to know one another. Local Government is Mayberry RFD and Andy Griffith. We don't have that.
Gerrymandering thus helps subverts principles of local self rule and subsidiarity. In States like Michigan this is exacerbated by other constitutional flaws that give excessive power to State Government. It is also subverted because without representation there is no way to protect local rights of self rule.
I have a lot more to say on this. But a post has to be focused so that is all for this one.
Sources and Further Reading
Notes
I had to scope this post down as I could ramble on this subject for a few thousand words more. I cut most of it to draft another. So I'll be talking more. And I'll probably make some changes too.
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