Background on Redistricting:
The process of redistricting that follows the census, and the unique way California conducts this
process is the focus of this lesson. Article I Section IV of U.S. Constitution granted the Congress authority
for establishing federal rules on the “manner” of Congressional elections, but states are given the authority for
creating their own legislative boundaries following the census:
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in
each State by the Legislature thereof”
In 1929 Congress fixed the total number of House seats at 435, where it remains to this day. States
showing significant population increases after the census generally pick up seats in the House, whereas states
with declining populations (and even stable populations or minimal growth relative to other states) can lose
seats in the House. Therefore, Congressional elections, unlike those for the President and the Senate, involve
a process known as redistricting. After the 435 House seats are apportioned (allocated) to the states following
the census, the states have the responsibility for “mapping” or creating new legislative districts, and these
districts apply to Congressional and state level legislative races held over the next decade. In 2021, every
U.S. state will engage in a redistricting process that will be used in electoral contests starting in 2022.
On the surface, redistricting may appear to be a neutral process, but with the development of political
parties after the Constitution’s ratification, it did not take long for state level politicians to find ways to draw
districts for political ends. In 1812 Massachusetts Elbridge Gerry used his influence as governor to have his
state’s congressional districts redrawn to strengthen the Democratic-Republican party’s majority in the
legislature. One of the unusually shaped districts resembled a lizard, hence the emergence of the term
“gerrymandering”. This particular district, and the controversies surrounding gerrymandering, are featured in
this lesson.
Supreme Court rulings also set guidelines states must respect during the redistricting process,
including protections against malapportionment, the creation of unequally sized districts and/or using
discriminatory practices in creating districts. During the civil rights movement, the Supreme Court spoke to
this controversy, by ruling that the 14
th
Amendment’s “equal protection” clause required states use similar
sized populations in districts to protect the “one person, one vote” principle [see Baker v. Carr (1962) and
Reynolds v. Sims (1964)]. These rulings halted racially discriminatory practices such as creating districts
with smaller numbers of whites alongside districts with larger numbers of African Americans, effectively
diluting the voting power of the state’s Black population. Today all legislative districts (both state legislatures
and congress) must have roughly the same amount of people to ensure citizens are equally represented. With
our nation’s population growth, today each House district represents roughly 711,000 persons, and state level
legislative districts must be equal in population size to the others in that state.
Supreme Court rulings on redistricting also involve the role of the federal Voting Rights Act (1965).
Intended to eliminate Jim Crow era voting restrictions such as literacy tests, by 1990 the focus of the Voting
Rights Act was it’s enforcement provisions and whether “majority-minority” districts would be permitted.
These were districts with equal populations, but where concentrations of minority populations (usually African
American) were concentrated. In Shaw v. Reno (1993) and again in Miller v. Johnson (1999), the Supreme
court ruled that gerrymandering based solely on racial data (so-called “racial gerrymandering”) was
unconstitutional. In other words, race can be one factor in creating electoral districts, but it cannot be the sole
factor used in creating districts. Another provision of the Voting Rights Act that has come under scrutiny is
whether states with a history of voting discrimination (known as “covered jurisdictions”) should still be
required to submit plans to the U.S. Justice Department for “preclearance” before any changes in voting laws
can take effect. In Shelby County v. Holder (2012), the “preclearance” provision of the Voting Rights Act was
held to be outdated, which gave states more latitude in creating new voting laws and new district boundaries.
In Evenwel v. Abbott (2016), states were given discretion in defining the total population (including children,
prisoners, and non-citizens living within a district boundary) used in creating legislative boundaries.
CA Redistricting