Gerrymandering, Redistricting, and Voting Rights in U.S. Politics

Gerrymandering

when districts are designed with political considerations in mind.

How are House seats allocated among states?

Each state receives a number of seats in the House of Representatives relative to its population.

Reapportionment

A reallocation of congressional seats among the states every ten years, following the census.

How often does reapportionment happen?

Reapportionment happens every 10 years.

When does reapportionment create the need for redistricting?

If a state has lost or gained population, reapportionment may create the need for redistricting.

Can state legislatures choose to redistrict voluntarily?

Yes, state legislatures can choose to redistrict voluntarily.

Redistricting

The process of redrawing district lines in states with more than one representative

Who designs district lines?

Each state is allowed to design its own districts, subject to state and federal laws

Do all congressional districts have the same number of people?

No, not all congressional districts have the same number of people; there are distortions

How many House seats must each state have?

Every state gets at least one seat.

Can districts cross state lines?

No, districts cannot cross state lines.

Why is drawing districts an inherently political process?

All districts are biased.

What is fairness in districting?

Fairness asks whether the distribution of seats yielded by the map represents the distribution of public opinion.

What is compactness in districting?

Compactness asks whether districts are geographically concentrated in a particular area.

What is partisan gerrymandering?

Districts are designed to advantage a particular party.

What is an incumbent (sweetheart) gerrymander?

Districts are designed to make incumbents safer.

What is a racial gerrymander?

Districts are designed to reduce representation of racial minorities.

What did the Supreme Court rule in Cooper v. Harris?

The Court ruled the North Carolina legislature must redraw two districts because there was evidence they were designed with racial gerrymandering in mind.

What is packing?

Concentrating like-minded voters together in one district to reduce their power in the other districts.

How does packing affect minority representation?

It gives the minority representation in a single district but ensures that the majority can drown out their voice in the legislature.

What is cracking?

Spreading like-minded voters across multiple districts to dilute their voting power in each.

Why is cracking riskier?

It has the possibility that the minority gets no seats.

What trend is occurring in redistricting?

A number of states are moving away from letting the state legislature draw districts.

What did Colorado pass in 2020?

A set of amendments that takes the power from legislators and gives it to an independent redistricting commission.

What did the Colorado commission's map create for 2022?

A new 8th district.

How did redistricting change after World War II?

Redistricting became even more political.

What population trend occurred?

People were moving out of rural areas and into urban areas.

What is malapportionment?

Districts with different numbers of voters.

Who sued in 1964 over malapportionment?

Kenneth Colegrove.

What clause did Colegrove argue

malapportionment violated?

The "guarantee of Republican government" clause.

What does Article IV, Section 4 say?Colegrove

"The U.S. shall guarantee to every state in this union a republican form of government."

What did the Supreme Court rule in Colegrove v. Green?

The Court refused to rule, saying that drawing districts was a "political question" that must be decided by state legislatures.

Why did malapportionment worsen during the 1950s and 60s?

Many state legislatures had not redrawn their districts in several decades.

How was malapportionment related to race?

The Black population tended to live in urban areas, and preserving malapportionment helped preserve segregation and Jim Crow laws.

What did Baker v. Carr rule about redistricting?

Redistricting plans may be "justiciable" when districts seem to violate the equal protection clause.

What did the Court rule in Wesberry v. Sanders?

That the unequally sized House districts in Georgia were unconstitutional.

What constitutional provision did this violate? (Wesberry v. Sanders)

Article I, Section 2.

What population standard did the Court set?(Wesberry v. Sanders)

"Within a state, districts must be as equal in population as practicable."

What did Alabama's 1901 constitution create?

A state legislature with 106 House members and 35 senators.

Why was this malapportioned? (Alabama)

The legislature had never altered the districts drawn following the 1900 census.

What constitutional clause was used to challenge Alabama's districts?

The 14th Amendment's equal protection clause.

What did Chief Justice Warren say about equal participation?Alabama'

diluting the weight of votes because of place of residence impairs basic constitutional rights.

What principle originated from Reynolds v. Sims?

"One person, one vote."

What does the equal protection clause require in state legislatures? Reynolds v. Sims?

That seats in both houses of a bicameral state legislature must be apportioned on a population basis.

What key issue arises when states redraw boundaries in ways that explicitly disadvantage racial minorities?

Racial gerrymandering.

What did Tuskegee, Alabama do in 1957 regarding city limits? Gomillion v. Lightfoot

Redrew its city limits to remove all but 4-5 of about 400 African American voters.

What did the Supreme Court decide in Gomillion v. Lightfoot?

The redistricting violated the 15th Amendment by effectively disenfranchising Black voters.

Can states consider race when creating majority-minority districts?

Yes—this is allowed and essentially a form of "packing."

What did the Court rule in United Jewish Organizations of Williamsburg v. Carey?

States could consider race to create majority-minority districts.

What political effect can creating majority-minority districts have on other districts?

It can make surrounding districts whiter and more Republican.

What prompted Shaw v. Reno?

North Carolina created a majority-minority district during redistricting.

Why did NC need federal approval for election law changes?Shaw v. Reno?

It was covered under Voting Rights Act preclearance requirements.

What did Attorney General Janet Reno require NC to do?Shaw v. Reno?

Create a second majority-minority district.

What triggered Miller v. Johnson?

Georgia's redistricting after the 1990 census and DOJ rejection of its two-district plan.

Who challenged the Georgia districting plan in Miller v. Johnson

David Johnson and other white voters from the 11th district.

What constitutional test did Justice Kennedy say applied to racial districting? Miller v. Johnson

Strict scrutiny.

What is the 14th Amendment's central mandate regarding redistricting, according to Kennedy? Miller v. Johnson

Racial neutrality in governmental decision-making.

What must a law do to satisfy strict scrutiny? Miller v. Johnson

Be narrowly tailored to achieve a compelling state interest.

What compelling interest related to race does the Court recognize (from Shaw)?

Eradicating the effects of past racial discrimination.

Why did the majority strike down the Georgia district in Miller v. Johnson?

Evidence showed race was the dominant factor, violating the 14th Amendment.

What was Ginsburg’s dissent in Miller v. Johnson?

She argued that historically, many districts were drawn primarily on racial lines.

How did the Court initially view redistricting cases and what case?

As political questions to be avoided and up to the states. Colegrove v. Green

What doctrine did the Court later adopt to address unequal districts? Reynolds v. Sims

"One person, one vote."

When might majority-minority districts violate the 14th Amendment?

When race is the "decisive" factor in drawing district lines.

What broader course concepts does Bush v. Gore highlight?

The judiciary's role in federal controversies and the increasing partisanship of the Supreme Court.

What are butterfly ballots?

Ballots with two candidate columns but only one column of dots, making it confusing for voters.

What effect did butterfly ballots have in some counties?

Pat Buchanan received unusually high vote shares.

What are punch ballots and "hanging chads"?

Punch-out ballots where incomplete punches caused machines to miss votes.

Why did the Florida Supreme Court order a recount?

To allow officials to determine "voter intent" on unclear ballots.

What did the Gore campaign request during the recount?

Hand recounts in four counties.

Who denied late filings for recount petitions?

Secretary of State Katherine Harris.

What did the Florida Supreme Court order on December 8?

A statewide manual recount.

What happened on December 9?

The U.S. Supreme Court issued a stay to pause the recount.

What did the Supreme Court's December 12 decision declare?

That the varying recount procedures violated the Equal Protection Clause.

What was unusual about how the opinion was issued?

It was per curiam, reflecting a divided Court.

What was the final outcome the Court's order produced?

Florida stopped counting votes, and George W. Bush won the state.

What does "Turnout by Voting Age Population (VAP)" mean?

Anyone in the U.S. who is over 18 years old.

What does "Turnout by Voting Eligible Population (VEP)" mean?

Measures turnout among people eligible to vote, which varies by state.

What is Turnout Among Registered Voters?

Measures turnout only among people who are registered, further restricting the voting population.

What has historically been a major barrier to turnout?

Institutional racism—government institutions preventing African Americans from voting.,

What happened during Reconstruction regarding voting rights?

Congress passed laws to stop southern states from engaging in racial discrimination.,

What does the Fifteenth Amendment say?

Section 1: Voting rights cannot be denied based on race, color, or previous condition of servitude. Section 2: Congress can enforce this with appropriate legislation.,

What is a Poll Tax?

A fee often paid when registering to vote.,

What is a Literacy Test?

A test judged by white poll workers to determine voter eligibility.,

What is a Grandfather Clause?

If your father or grandfather could vote before Jan. 1, 1867, you were exempt from poll taxes and literacy tests.,

Why did voting rights become central to the Civil Rights Movement?

African Americans realized political equality was impossible without the right to vote; leaders organized marches such as Bloody Sunday.,

What did the Voting Rights Act of 1965 do?

Section 2 prohibits voting rules that deny rights based on race; Section 5 requires preclearance for certain states; Section 4 identifies covered states.,

What was the impact of the Voting Rights Act?

Massive increases in Black voter registration and turnout in states like Mississippi, Alabama, and across the South.,

What did South Carolina argue in South Carolina v. Katzenbach (1966)?

That the VRA violated federalism and the equality of statehood.,

What did the Court rule in Katzenbach?

The VRA was constitutional because strong action was justified by widespread racial discrimination.,

What did Shelby County argue in Shelby County v. Holder (2013)?

That the Section 5 preclearance formula was unconstitutional and violated equal sovereignty.,

What did Roberts say about state sovereignty?

That states retain broad autonomy outside the Supremacy Clause.,

What did Roberts say about equal sovereignty?

States are equal in power, dignity, and authority; dividing them requires a formula based on current conditions.,

Why did the Court strike down Section 4(b)?

Because Congress failed to update the formula, making it outdated.,

What was Ginsburg's dissent?

Congress has the power to prevent discrimination, gathered strong evidence, and the formula prevents future harm.,

Why do critics compare photo ID laws to Jim Crow laws?

Because they appear neutral but disproportionately affect groups less likely to have IDs.,

What did Indiana's law require in Crawford v. Marion County?

Photo ID for in-person voting, provisional ballots with follow-up ID, and free state ID cards.,

What is invidious discrimination?

When a state uses wealth or irrelevant criteria to restrict voting, violating equal protection.,

What valid state interests did Stevens recognize?

Preventing fraud, modernizing elections, fixing roll issues, and protecting voter confidence.,

Did partisan motives matter?

No — Stevens said neutral, valid interests were enough to uphold the law.,