POLS 207- Representation and Redistricting

Political Institutions

State-level political institutions with formal political decision-making authority:

1. legislatures

2. executives & state bureaucracy

3. courts

Functions of Legislatures

US legislatures have an inherent conflict between representative function & lawmaking roles

• lawmaking institutions- “wholesale” politics

  • enacting of statutory laws, referring amendments

  • confirmation of appointments

  • budgetary powers

  • oversight authority

• Representative institution- “retail” politics

  • representing interests of constituents

  • bringing funds & projects to districts (i.e. pork)

  • constituent services

Legislation & Representation

individual state legislators represent particular constituency that elected them

• but the legislature as a whole makes law for the entire state

Institution ties these together via:

• pork-barrel legislation where lawmaking serves constituents particular interests

• constituent services to “help out” constituents & bolster public image of incumbents

• Legislative redistricting creates uncompetitive legislative districts that protect incumbent lawmakers

State Legislatures: The Ideal Representative Govt

• Members sent by smaller constituencies

  • fewer members per representative

• State legislatures remail largely lay bodies

  • less professionalized, more like “regular folks”

  • Closer to the ideal of “citizen legislators”

• Regular folks with “real jobs”

  • upwardly-mobile, upper-middle class

  • 75% hold college degrees

  • overrepresented occupations: business, law, real estate

Representing the People…

Legislature rarely provides descriptive representation

• i.e. Members mirroring the politically relevant characteristics of contstituents

It may offer substantive representation, based on communication of constituents interests

• legislator connected to constituents by linkage institutions:

  • interest group

  • parties

  • elections

  • media

• Communication both ways may be spotty, biased, or minimal

Geographic basis of representation in the US

• representation in geographic districts

  • often no clear “identity” to heterogeneous constituency

• Each level of representative govt has own boundaries

  • US house of representatives

  • state senate

  • state house

• Different levels districts can overlap

Who gets to draw the lines?

Drawing electoral district boundaries is traditionally done by state legislatures themselves

• many state legislature have the primary responsibility for drawing both state legislative districts (34 states) & US congressional districts (33 states)

• TX: redistricting done by Tx legislature

  • TX constitution allows for politician commission as “backup”

Two part process:

• apportionment

• redistricting

Legislative Apportionment & district size

starting point is the US census (every 10 years)

• this count provides the basis for adjustment of population based electoral districts

Congressional districts

• must be within 2% of the size of the “ideal district”

State-level districts

• looser standards (no absolute numbers)

• deviations respecting political subdivisions (e.g. counties, cities) usually upheld

  • large deviations must be justified

Malapportionment?

Common before 1960s

• rural domination of state legislatures & US house despite increased urbanization & suburbanization of US population

  • TX Constitution required unequal apportionment!

Courts viewed redistricting as a “political question”

This changes w/ Baker v. Carr (1962)

• established legal principle of “one person, one vote”

  • equal representation

• Unequal representation (due to unequal districts) violates 14th amendment equal protection

How to draw the boundaries?

Results may or may not reflect make-up population

• partisanship

• racial & ethnic makeup

• other “communities of interest”

  • e.g. rural v. urban, economic interests

Skewed seats-to-vote ratio not necessarily evidence of impropriety

• what kinds of practices and districts are acceptable

Formal Legal Rules for Redistricting

• equality of population

  • one person one vote

• Contiguity

  • all parts of the district must touch

• Protected groups

  • voting rights act protections of minority representation

  • cant draw map to dilute minority votes

• District shape

  • can be “odd” but not “bizarre” (legally undefined terms)

  • Odd looking districts may preserve communities of interest

Traditional Redistricting Principles for State Legislative districts

1. compactness

2. contiguity

3. maintaining “communities of interest”

   1. i.e. common political, social or economic interests

4. Respect for political boundaries

   1. i.e. minimize splitting of counties, towns, precincts, etc

Types of Gerrymandering

partisan gerrymandering

• party draws districts in its favor

  • no prohibition against it

  • both parties do it

    • TX republicans AND IL democrats often cited as worst offenders

Racial gerrymandering

• “negative”: illegal under the VRA

• “affirmative”: legal but controversial

  • uses redistricting to create minority “opportunity districts”

Accomplished via packing & cracking voting blocs