Congressional Reapportionment
and Gerrymandering
(How are congressional districts determined?)
• Objectives: Assess information on
congressional redistricting and draw
conclusions as to the validity of political
and racial gerrymandering
Congressional Reapportionment and Redistricting
House of Reps & Electoral College determined by Federal process:
Reapportionment
Congress decides
number
Representatives
per state after
each Census
• Redistricting:
State legislatures
decide shape and
size of districts
Changes After 2000 Census
Redistricting by State Legislatures
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Malapportionment:
Wesberry v. Sanders (1964)
“One person, One Vote”
Question: Should the size of the
House be expanded?
• Gerrymandering:
• Courts usually decline to strike
down gerrymandered districts,
unless they violate the Voting
Rights Act.
• Questions:
– Is this the best way to create
Congressional districts?
– What other ways might be used to
create Congressional districts?
District drawn by Gov. Gerry of MA
in 1812 to benefit his party
Why is gerrymandering so effective?
Optional Assignment (12 pts.) Play the Redistricting Game and answer
questions from the handout on my website.
•
Examples: If the state
legislature was
Republican…
•
1.
Concentrate all
Democrats into only a
few districts
Spread Democrats as
thinly as possible over
several districts
Throw two Democratic
Members of Congress
together into the same
district
1. Democrats will win those
districts, but nowhere else.
2.
3.
Results:
2. Democrats won’t be able to
win anywhere.
3. Only one of the Democratic
incumbents will be reelected.
History of Majority-Minority Districts
• Definition of Majority-Minority Districts:
districts drawn to give African Americans, or
other minority groups, a chance to elect
representatives
• What is the Controversy?
• Should any districts be shaped on basis of race?
• Is it discrimination, in violation of the 14th
Amendment of the U.S. Constitution?
History of Voting Rights
• 14th Amendment Equal Protection
clause (1868): “No state shall make or
enforce any law which shall deny to
any person within its jurisdiction the
equal protection of the laws.”
• 15th Amendment (1870): “The right of
citizens of the United State to vote shall
not be denied . . . . on account of
race…”
Selma to Montgomery March, 1965
• Civil Rights movement
• 1965 Voting Rights Act – federal gov.
oversight of states with history of
discrimination
• 1982 Amendments – fed. gov.
encouraged states to draw majorityminority districts
• 1990 Census – states redrew districts,
some with odd shapes
Lyndon Johnson signs Voting Rights Act
Supreme Court Decisions
• Shaw v. Reno (1993)(5 to 4):
• Race may be a factor in drawing bizarrely-shaped districts
only if it serves a “compelling governmental interest”
• Court struck down NC’s majority-minority district, saying
there was no “compelling governmental interest”
• QUESTION: Do you agree or disagree with this decision?
Was there a compelling governmental interest?
• Miller v. Johnson (1995)(5 to 4): Struck down GA
district: Race may not be a “predominant factor”
• Hunt v. Cromartie (2001)(5 to 4): Upheld NC district,
Race may be one of many factors
• Race was not proven to be the “predominant factor” in
drawing the district. Burden of proof is on plaintiff.
Racial GerrymanderingMajority-Minority Districts
Should majority-minority districts be permitted in order to
give African Americans a greater chance to select members
of Congress?
• Write/Share:
• List as many Pros and
Cons as you can
brainstorm
• Your opinion?
Selma to Montgomery March for Voting Rights, 1965
Closure: Review of Arguments
• Race OK as Factor
• Goal of 14th Amt: improve
protections of minorities
• Compelling interest in
remedying history of voting
discrimination
• Compelling interest in diverse
House of Representatives
• Minorities have long been
underrepresented in Congress
– Voters tend to vote for people of
own race (“bloc voting”)
– E.g. Only 5 African American
Senators since Reconstruction
– Compelling interest in getting
minorities elected?
• Guard against tyranny of
majority
• Forbid Race as Factor
• Goal of 14th Amt: equal
treatment for all
• Blank slate
• Distinctions based on race
foster racial hostilities &
stigmatize minorities
• Stereotype to assume all people
of a racial group share same
views
• Concentrating minority votes in
a few districts may decrease
their influence
• Majority-minority districts hurt
the Democratic party?
Two Theories on Representation
• Descriptive Representation - demographics
of legislature should resemble those of
constituents
• Substantive Representation - opinions of
representatives should represent those of
constituents
• What is your opinion on this issue?
• Is there value in having a diverse Congress?
• Might people of color feel differently than
whites on this issue? Why?