A Constitutional Standard to End Gerrymandering

Source: Alton Frye, PA Times, Vol. 5 no. 1, Spring 2019
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To cure the corruption of gerrymandering, take the profit out of it. The Constitution provides the standard for doing so by specifiying that representatives are to be chosen “by the People of the several States.” That provision followed debate in the convention of 1787 that, according to James Madison’s notes, explicitly rejected the option of empowering state legislatures to choose members of the federal house of representatives. In practice, by asserting authority to draw congressional district lines on a partisan basis, state legislatures have usurped the power vested by the Constitution in the people of the states.

Analysis demonstrates that allocating seats in the House according to the statewide vote of the people would produce a national legislature comparable in partisan balance to the current House, but with much greater equity among the parties at the state level. Applying that constitutional mechanism would rob parties of the advantage sought from gerrymandering and create incentives for the fair redistricting procedures that courts and citizens have long sought. This study illustrates the outcomes that would result, increasing competitiveness in 39 states…..