Gerrymandering

Gerrymandering in the United States

Gerrymandering

Gerrymandering in the Legislative Process

A congressional district drawn in an odd or unnatural shape in order to improve the electoral prospects of one party. The idea of a gerrymandered district is to create a “safe” seat in Congress by concentrating supportive voters for the party doing the gerrymandering is the district—or to weaken the opposition party by spreading its voters out across several district boundaries. The name comes from one of gerrymandering’s earliest practitioners—Elbridge Gerry, who supported the practice while serving as governor of Massachusetts in 1811. To better favor his own Democratic-Republican Party, Gerry created one serpentine district—winding, long, and narrow—that critics suggested looked like a salamander.or a ” Gerry-mander.” The name stuck.

Concept of Gerrymandering

In the U.S., in the context of the U.S. Congress (Senate and House of Representatives), Gerrymandering has the following meaning: Drawing a legislative district or set of districts with unusual boundaries so that the resulting map favors one or more interest groups over others. Named after the prominent Revolutionary-era politician (and then Vice President) Elbridge Gerry. (Source of this definition of Gerrymandering : University of Texas)

Neighborhood Gerrymandering

I will mainly discuss another form of gerrymandering; namely of districts determining attendance at different public schools. Generally, students who live in a particular district attend the public schools in that district, with exceptions for charter and magnet schools, and other special schools. Since schools differ greatly in their quality, many parents prefer living in districts with better schools. One objective measure of this preference is the difference in prices of houses of a given quality, with similar neighborhood amenities, etc. between districts with good schools and those with lower quality schools.

Families who value education and have higher incomes will bid more for houses in districts with good schools. This will bid up the prices of these houses, and thereby would reduce the advantages of living there. Nevertheless, the higher price tag in good school districts would typically not be large enough to deter families with the greatest willingness to pay for good schools from moving there.

One way to measure objectively the housing premium for good schools is to compare the prices of similar houses on both sides of the boundary separating good school districts from other districts-a technique used in various studies, including a dissertation at Chicago by Daniel Tannenbaum. He is finding significantly higher prices for housing on the boundary within the good school districts.

Given the advantage of living in districts with good schools, there is jockeying to draw district boundaries in ways that favor families with greater political clout. These tend to be wealthier and more educated families, and also persons supporting the parties in power. If the boundaries are changed to place their houses in better school districts, homeowners gain doubly: their houses rise in value, and their children attend better schools.

The advantages of living in particular congressional districts can also be determined by comparing housing prices on different sides of the boundaries between congressional districts. I doubt if people are willing to pay much to be in districts with greater numbers of Republicans or Democrats because that has little effect on their personal benefits. However, regardless of their political affiliation, they would be willing to pay through higher housing prices to be in districts that provide greater subsidies and other benefits to residents because these districts have with influential representatives. They would pay higher housing prices to be in these districts, even if they would not vote for the influential representatives.

Author: Becker, defunct

Partisan Gerrymandering

The term “gerrymandering” refers to a political tactic that in the United States goes back to the eighteenth century—the tactic of configuring electoral districts to favor the party that does the configuring, or to achieve some other non-neutral political goal: for example, reducing minority representation in the legislature by drawing district boundaries in such a way as to pack most of the minority voters into a handful of districts, thus minimizing the number of legislators whom they can elect. The Supreme Court held racial gerrymandering unconstitutional—a violation of the equal protection of the laws—in 1960. But the Court has refused to hold that “partisan” gerrymandering, which means configuring districts so as to favor the party that controls the legislature doing the districting, is unconstitutional.

Article I of the Constitution provides in section 4 that “The Times, Places and Manner of holding Elections for … [members of the federal House of] Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” The Supreme Court has required, in the name of equal protection of the laws, that congressional districts must have approximately the same number of people in them (“one man, one vote”). But this leaves a state legislature free to draw the district boundaries in a way that favors one party over the other. Take Illinois, a state that is entitled to have 18 Representatives in Congress (plus of course two Senators, but Senators are elected statewide, so the issue of gerrymandering does not arise for them). Illinois’s eighteen congressional districts have virtually identical populations, as required by the “one man, one vote” rule. The City of Chicago is strongly Democratic, but the suburbs tend to be Republican. If the Republicans controlled the Illinois legislature (they don’t), they could, without altering the population size of any district, redraw district boundaries in the Chicago area either to pack the city residents into as few districts as possible in order to minimize the number of districts that would elect a Democratic Representative, or to spread them out into as many districts as possible, where they would be in a minority and so wouldn’t elect any Representatives. Or the legislative majority could combine these tactics: compress as many city residents as possible into a few districts, and place the others in districts in which they would be outnumbered by Republican suburbanites. For a real-world example, an article called “The Great Gerrymander of 2012,” by Sam Wang, www.nytimes.com/2013/02/03/opinion/sunday/the-great-gerry‌mander-of-2012.html?pagewanted=all&_r=0 (Feb. 2, 2013), points out that “in the seven states where Republicans redrew the districts [in advance of the 2012 national elections], 16.7 million votes were cast for Republicans and 16.4 million votes were cast for Democrats. This elected 73 Republicans and 34 Democrats”—a much higher ratio of Republican to Democrat Representatives than of Republican to Democratic voters. In Ohio for example Republicans won 75 percent of the House seats with 51 percent of the votes. In Maryland and Illinois, where the legislatures were controlled by the Democrats, the figures were approximately reversed. In California, where the legislature had turned redistricting over to a nonpartisan commission, there was no significant discrepancy between the two percentages.

It seems hard to square the results of partisan gerrymandering with “one man, one vote.” It’s true that even in the absence of such gerrymandering, a person who belongs to a minority party in a district shouldn’t, from the standpoint of efficacy, bother to vote in a House race, because his vote will have no effect on who is elected to be the Representative from that district. But the minority voter’s political impotence is attributable to majority preference, a result implied by democratic political theory, while in the 2012 election Democratic voters were in the majority in some states in which, nevertheless, more Republicans than Democrats were elected to the House, and vice versa, a result brought about by partisan gerrymandering and in tension with democratic political theory.

Theory apart, partisan gerrymandering is objectionable because by creating safe congressional districts and thereby reducing political competition it reduces compromise in the House of Representatives. This is true with both “packing” and “spreading” the opposition voters. If the result of “packing” those voters is to create say a solidly Democratic district, the Representative will have no incentive to appeal to Republican voters in the district; there are few of them; he doesn’t need them; and for him to try to attract some of that small number might anger his core constituents. If the result of spreading Democratic voters is to create solidly Republican districts, the Representatives of those districts will similarly have little incentive to try to appeal to Democratic voters. The result is political gerrymandering is thus increased political polarization in the House of Representatives—which has been observed.

I can’t see any social benefits from partisan gerrymandering–nor any difficulty (other political opposition–though that is difficulty enough) in eliminating it, either by requiring that districting be delegated to a nonpartisan commission in each state (the California model) or by programming a computer that will create districts of equal population that are geometrically compact—as near as possible to circular, consistently with the need to equalize the population of the districts and respect certain limitations on perfect symmetry that are imposed by geography: one doesn’t want a district line to divide a house.

The only argument I’ve seen in favor of partisan gerrymandering is that it makes partisan voters happier—their Representative does not have to muffle his extreme views (or those of the voters of his party) in an effort to pick up some votes from members of the other party. So the voters whose candidate wins are happier but the losers—who in the 2012 election at least were more numerous—are unhappier. Gerrymandering that has such consequences is not a utility-maximizing practice.

Author: Posner

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14 responses to “Gerrymandering”

  1. International Avatar
    International

    There may be an even better option, though it’s likely even less to come to pass in the current legislative environment: expand the House significantly and redraw the districts accordingly.

    The benefits would go beyond fixing gerrymandering. Smaller districts would better mirror true community boundaries, and Representatives would be more likely to vote in accord with their constituents’ preferences. You’d probably see the resurgence of citizen legislators rather than professional politicians, and It might even result in the two-party deadlock being broken – some smaller districts would surely elect candidates from third-parties. Just as significantly, it would dramatically reduce the influence of money, lobbyists and special interests since the value of each vote would fall.

    Obviously neither expanding the House nor eliminating gerrymandering through legislation are likely to occur on their own any time soon. For either to come to pass, both parties would likely need to see something to be gained for them in the future. And unlike expanding the House, gerrymandering could potentially be eliminated by the courts. Nonetheless, expanding the House was normal and expected in America until roughly a century ago, and it would go a long way toward correcting not only the problems you identified with gerrymandering, but several other structural issues in modern American politics.

  2. International Avatar
    International

    Another argument in favor of partisan gerrymandering is that it results in fewer voters being represented by someone of the ‘other’ party.

    Imagine a district that is 80R-20D, and another district that is 20R-80D. Fully 80% of the voters in each district are represented by someone who is more likely to share their values and only 20% are stuck in enemy territory. If, on the other hand, the two districts were each split 50-50, then half of the voters are stuck with a representative they more than likely disagree with.

    I would also like to point out that just as complaints over the filibuster were less about the actual process and more about Democrats not getting enough of their nominees passed, so too are complaints about gerrymandering. The ‘problem’ isn’t that districts are split one way or the other, it is that the representatives aren’t voting in the way someone wants them to vote.

  3. International Avatar
    International

    Thomas Rekdal

    Ethnic gerrymandering will either expand or contract their representation depending on the size of that population and its distribution throughout the state. Concentrating a large ethnic population in as few districts as possible will minimize their representation. On the other hand, concentrating a small ethnic population will expand their influence by guarantying them at least some representation. The same is true of partisan gerrymandering.

    Having a computer design districts will not eliminate these consequences; it merely makes it more likely that no one crafted them. The only way to “maximize the utility” of voter preferences in the sense that Judge Posner has in mind would be to adopt some system of proportional representation. But the advantages of that system over single-member districts is not obvious enough to make the effort worthwhile, particularly if the change is to come about through five members of the U.S. Supreme Court rather than a constitutional amendment.

  4. International Avatar
    International

    Jack

    It’s far more difficult to protect against Gerrymandering than most including the Judge imagines.

    The trouble with your 80/20 in each is that you’ve created “safe” districts for two turds to spend their careers and more as “representatives”. Now, sometimes that may be the “right thing” as it may be the 80/20 R reps the farming district while the 80/20 D reps a cohesive urban district and may not be a result of Gerrymandering.

    The classic “gerry” with an R in the Gov’s chair would be to redraw so some of the “wasted” R’s can help knock out the D, or best of all to run for an empty seat after the perhaps popular D has retired.

    BTW…….. I’d agree with you that there are problems with “51% takes all” and never more than when FL was so evenly divided that the “winner” would have been decided on “votes” well beyond the margin of error of any decent means of counting them, much less the flaky stuff that resulted in counting “chads” and coming up with the Jews for Buchanan groundswell.

    The most accurate message from FL was “We’re so divided that our vote shouldn’t even count….. or should be divided in half. But in our deal a one vote majority, ha! even if it’s that of a Clarence Thomas, means winner take all, which is this case was the biggest and most costly mistake “the voters?” have ever made in our nation.

  5. International Avatar
    International

    Jack

    To get our terms down, we’re not speaking of the case/problem, say of ethnic minorities “happening” to be clustered in one district when the best effort was made to comply with the criteria put forth for drawing a district.

    No, Gerrying, as has been done blatantly in Anchorage and Alaska in recent years, is the Gov of one party “getting away with” using the census to redraw in such a manner that two popular Reps of the “out” party are pitted against each other, while an “empty seat” is “created” in the next district that contains a fairly well known member of the “in” party.

    In one case the popular Rep (D) opted to go up and run for the Senate seat (and won) rather than duke it out with a fellow party member or flip a coin as to who was going to politely stand down.

    Here as in many states we have criteria like “contiguous” “similar” “same number of people” and we are or were one of the states still having to comply with Voting Rights dictates.

    What happens here and in many others states like Alaska with a few large population centers and vast rural areas, is HUGE rural districts (to get the numbers) or mixing a bit of the urban with the rural, or coastal etc.

    So “even a computer” which we use extensively, is going to draw wildly shaped districts and SOMEONE has to program the criteria into the computer. Ha! AFTER we do this with a kinda, sorta “bipartisan” commish, just “slightly” tilted to favor the wishes of the Gov we……….. go to court. And back to the drawing board. And……. to court, until it is time for the election.

    For example a blind and tone deaf computer might lump the farmers of Salinas with Silicon Valley techies and urban SF’ers. Can, or should, one Rep have to know about Ag and water? chips and mansions, dealing with a crowded and mature SF? In an unchanging district, a generation ago the artichoke grower would be the power, and today up against San Jose millionaires they may be nearly an ignored minority “in the way” of more mansions and estates.

    Fun stuff: In one Anchorage district we had a Rep win by ONE vote, and in a rural areas stretching from Bristol Bay down the Aleutians — and area larger than Oregon, we had a deadheat, decided by our laws, a coin toss. So above all, rigged or not VOTE!

  6. International Avatar
    International

    What’s great about expanding the house is that it actually would *not* require an amendment. The Constitution only states, “the number of representatives shall not exceed one for every 30,000,” and Congress routinely used to legislatively increase the number of representatives until the 1920s.

    I would argue, as you pointed out, that giving the larger states more say is a good thing. In fact, that’s sort of the point: large populations are currently underrepresented in the House. This would help fix that.

  7. International Avatar
    International

    Terry Bennett

    The U.S. is not a perfect melting pot. There are lots of lumps in the ore. People tend to cluster with others with whom they identify, whether by race, religion, culture, wealth, political disposition, or even affinity for a sports team – and everybody knows where the boundaries are. Thus, if we were to simply superimpose a grid of equal squares upon the map, we’d tend to get some heavily Democratic and some heavily Republican districts anyway. The sin of the gerrymander is that it’s dirty pool: sometimes an attempt to unite a group of people, and sometimes an attempt to dilute them, but always a diversion of the fair course of events.

    What seems to have gone unnoticed is that in 2014 A.D. we have computers, which the Founders did not, and as I have written elsewhere, there are lots of ways to achieve more accurate representation with what is now rudimentary information technology.

    For instance, let’s send the top two vote-getters in each district to Washington. Each Representative will carry a number of votes equal to how many votes he or she got back home. A typical House vote of the future, instead of tallying 290-to-245, might tally 86 million-to-48 million, much more true to the Founding vision of a house of “representatives”, now that we have the means to achieve it.

    We can go a step further, and have voters rank candidates instead of just picking one. Of the two who win, whichever one gets ranked higher on a given individual’s ballot gets the strength of that vote. Thus, everybody is represented by somebody they esteem more highly than the other guy from their district.

    District size and district boundaries both become irrelevant, and everybody is represented, even if your candidate doesn’t win. Suppose every district sends one R and one D, each carrying the exact weight of the numbers of D’s and R’s in their district. (This would also encourage 100% voter participation, because even if your district is a landslide, your vote still counts.) If your district has a million voters, maybe the Democrat gets 550,000 and the Republican gets 450,000. When they get to Washington, that’s how many votes they each cast. Another district of 200,000 may send 120,000 R votes and 80,000 D votes to Washington. Under the current system, those 450,000 R’s and 80,000 D’s are unrepresented, but in the new system they’d be counted with perfect granularity. It no longer even requires the districts to be of equal size. The dream of one voter one vote is realized.

    There are plenty of variations of this scheme, and plenty of other benefits. One appealing ramification is that if every district has two representatives, the competition for your allegiance is palpable all the time, and Representatives are likely to be more responsive to the sentiments of the folks back home. If your guy loses the election, you aren’t left out of the process for the next two years. You can get access via the also-ran / also-won.

    In fact, third-party participation is likely to increase. It may be difficult for a third party to win, but it’s much easier to come in second, and get a seat at the big table.

    Of course, never gonna happen, but it’s not a can’t; it’s a won’t.

  8. International Avatar
    International

    Phillip Helbig

    Yes, gerrymandering is bad and a caricature of democracy. Yes, it wouldn’t be that difficult to improve it. But even the best system of elective representatives for districts is far, far, far worse than proportional representation. I honestly think that any nation which calls itself democratic and doesn’t have proportional representation is as hypocritical as the communist “democratic” dictatorships.

  9. International Avatar
    International

    Jack

    There’s been a good discussion but mostly we’ve strayed from the Difficult problem of Gerrymanering to the even more difficult subject of better representation with many suggestions favoring more proportional representation. But PR doesn’t seem to be the original, almost inspired intent. But would PR be an improvement?

    I doubt it. Consider, we do get one shot at what is nearly a one man one vote exercise in electing our President. The result? Small or predictable states are virtually ignored. But suppose we tossed the Electoral College in favor of a straight across national popularity contest. Better? Probably not as the campaigns could more easily and cheaply turnout voters in the cities and suburbs than traveling to HA, AK or working the rural areas….. except for the occasional photo opp with a “valued” farmer.

    Probably most would agree that having two Senators per state regardless of population is more or less as it should be. After mentioning farmers, we’d not want the Senate to be as heavily skewed to the populous coastal states as is the population.

    So then the House? While it is tempting to have more, ha! perhaps even one to be seen in the district AFTER being re-elected. But then how many does it really take to rep a district, understand and convey its issues? Perhaps Alaska is as tough as any state, but on our big issues of fisheries, our lone Rep can work with WA, OR and sometimes the N/E guys, or on oil all the other oil states.

    The environment? Ha! Mostly no one home. But were an oil state to have another Rep? is it likely she is going to be a charter member of the Sierra Club? Nope.

    And what about swapping a 435 member House for 700? 435 seems small enough for finding those interested in an issue or being allies in one caucus or another, but much larger? As someone suggested, at some size does it all descend to an “audience” and a few with the mic, with the choices for many being only “ayes or nays”?

    I don’t see much to be gained. But Gerrymandering? by a powerful Gov of a big state where success might mean five or more seats that could tilt the House to the dark side? Bad stuff.

    And the biggest of biggies that’s really a topic for another day is the moneypower dimension. IF we can’t get a handle on that mess we’ll sooner than later lose what remains of our democratic republic and continue down the road to again being serfs to the most powerful corporate castle owners and their minions that could make any number of “electeds” dance to their tune.

  10. International Avatar
    International

    The gerrymandering also prevents “upstarts” from challenging incumbents in their own party, to the point that only incumbents who are ready for the glue factory are primaried.

    Slightly OT — perhaps the best thing which we could do to fix Congress would be to go back to making the State legislative bodies elect Senators. Popular election of Senators has just created an entrenched political class, something Madison warned about.

  11. International Avatar
    International

    David Friedman

    Let me offer a suggestion for a way of constraining the process that draws district boundaries in order to make it more difficult to gerrymander, taking advantage of modern technology.

    Any districting proposal must take the form of a computer program. There is a reasonably tight limit on the program’s length in order to make it harder to construct a program that “just happens” to produce a result favoring one party. There is a further restriction on the input data that can be used. Town boundaries and geographical features such as rivers are legitimate inputs. Past voting figures are not. Data likely to correlate with voting patterns, such as income, race, family size, and age distribution are not. Population density can be used only to constrain the program to produce districts that are all the same size.

    This is a sketch, not a proposed statute, but I think something along these lines ought to be doable.

  12. International Avatar
    International

    Sequel

    It is kind of interesting to wonder what would happen if a state were to simply decide that no congressional districts at all would be drawn. All voters would have the chance to pick =/< [total number of seats].

    Or to allow residents to choose which district they wish to vote in. There seems no compelling reason to force people into congressional districts, or to force candidates to limit their accountability to an artificially-selected piece of the state.

    Logistically, both have problems, but then gerrymandered districts seem to producing more extreme consequences than existed even at the time of Baker v. Carr. Politically, both are equivalent to a non-violent overthrow of incumbents and political delegations, of course, hence unlikely.

    Still, any discussion of how important it is for people to vote is not complete if it eliminates the topic of who ought to make the decision about which candidates one is required to choose from.

  13. International Avatar
    International

    Thomas Rekdal

    I find it amazing that most of the commenters to this thread do not question the original assumption that there are “no social benefits from partisan gerrymandering.” Of course there are! The social benefit is that you will make it more likely that the good guys will win. Isn’t that the whole purpose of a governmental design?

    Ah, but the reply will be, how can you be sure that the gerrymander will favor the good guys? Well, you can’t. That is the whole point of the American system. As Madison explains in the 51st number of the Federalist, “In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.”

    Republican government requires that all offices be directly or indirectly accountable to the people. It does not preclude gerrymanders at one level or another. On the contrary, the more “different modes of election and different principles of action” come into play, the better.

  14. International Avatar
    International

    Jack

    I recall in So Cal that Sepulveda Blvd separates the many beach towns from LA proper, Glendale and other less chic inland towns. On the Manhattan Beach side of the Blvd the same old somewhat remodeled post WWII bungalow being half again the house across the street where the family might be in LA schools and not have the “Manhattan” address.

    But usually, and the history of So Cal and much of our nation seems to be some version of “white flight” from the namesake city to the waiting and, as you say, more costly housing of sovereign suburban towns where THEIR money (they earned in the city?) goes to THEIR schools, with the “others” “left behind”.

    We’re “lucky” here in Anchorage where in the 70’s we incorporated the city and the surrounding borough/county into one entity, and ONE school district with schools funded about as equitably from one end to the other 60 miles away. Mostly, families don’t ask their realtor about “school districts” though some are favored a bit more than others, but select more from “hillside” “downtown” mid-town for their own varying preferences.

    I contrast the “Anchorage” model with that of Detroit. As you may know 50’s Detroit had 1.6 million population 90% “white” and today has lost half its population and is not only 80% “black” but has half the per capita income of the surrounding “greater Detroit Metro area” of 5 million people with income and demographics typical of the rest of the US.

    Despite the greater Metro needing Detroit proper for its corp HQ’s and all that made or is left of Detroit they let their big apple rot from the core outward. We’ll see more of it as most of our older cities have the same seeds of their own (selfish) destruction.

    Or so it seems in the freakishly balmy 35 degree weather of 60 degrees north latitude.

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