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Demosthenes's avatar

Should there be a Constitutional amendment to address gerrymandering?

Asked by Demosthenes (15298points) July 11th, 2022

The SCOTUS will soon hear Moore vs. Harper which may result in state legislatures being given complete control over state elections without any oversight from state judiciaries. The reason this is controversial it is can allow for unfettered gerrymandering that benefits the party in power, theoretically making elections less democratic and less reflective of the will of the people.

If state judiciaries are not a check on gerrymandering, what can be? Both parties benefit from gerrymandering. Is there any political will to ban it or at least curb it?

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10 Answers

gorillapaws's avatar

Yes. I’d like to see them calculated via algorithm.

RedDeerGuy1's avatar

Yes. I would prefer that instead of a vote one citizen get’s to decide their leader by choice. Like a half and half pizza, except it is for each individual slice.

One can vote for themselves or another person. Each gets the government that they want and none of the 49% of blue or red voters not getting the leader that they want.

Also it would be great if everyone has the freedom to change their vote anytime

janbb's avatar

Constitutional amendments take far too long to pass. We are screwed.

Zaku's avatar

There’s lots of will to reform gerrymandering even as it’s already been done. I doubt any of that will will be represented by current Republicans in office, though . . .

LadyMarissa's avatar

There was a law against gerrymandering on the books for the longest time. The exact same party pulled this crap back in the late 60s through the 70s to keep the blacks from voting. It was quietly removed somewhere along the way…OR…one party just stopped paying attention to it!!! Now that that party owns the SCOTUS we won’t get it back in my lifetime!!!

ragingloli's avatar

Disregarding the fact that in the current climate it would be next to impossible to pass such an amendment, I am confident that the current supreme court would declare that amendment unconstitutional anyway.

LadyMarissa's avatar

I am confident that the current supreme court would declare that amendment unconstitutional anyway.
That’s why I say “in my lifetime”. I’m assuming they’ll ALL still be active until well after I’m gone!!!

Tropical_Willie's avatar

We can’t wait 12 years for Amendment; Rep / CON will rule the country with Theocracy.

Better Baptist everyone else is on their own.

JLoon's avatar

Yes – But no.

Current American politics is poison, and will kill anything or anyone to grab more partisan power and money for ruling elites. But gerrymandering isn’t the only problem and a constitutional amendment isn’t the only answer.

As others have already pointed out, the process for ammending the Constitution is fucked – and has been since it was written over 230 years ago. The reason was to assure no “radical” changes – like abolishing slavery – could be easily accomplished. That brilliant thinking gave us the Civil War and other greatest hits. Now the Subporn Court has been corrupted and deligitimized by over 30 years of partisan tampering with judicial appointments by both sides, and the result is another case likely to reward “conservative” interests with a decision that lets public officials choose their voters instead of the other way around.

In this one instance though there is another way to salvage some slight hope for what’s left of real democracy – Strip the Court of specific jurisdiction on elections by majority vote in Congress.

Under Article III Section 2 of the Contitution it could work like this:
”... Article III’s Exceptions Clause grants Congress the power to make “exceptions” and “regulations” to the Supreme Court’s appellate jurisdiction. Congress sometimes exercises this power by “stripping” federal courts of jurisdiction to hear a class of cases. Congress has gone so far as to eliminate a court’s jurisdiction to review a particular case in the midst of litigation. More generally, Congress may influence judicial resolutions by amending the substantive law underlying particular litigation of interest to the legislature.Congress has, at times, used these powers to influence particular judicial outcome.”
https://crsreports.congress.gov/product/pdf/R/R44967

Could this really happen? Only if Dems bring off some kind of miracle in the midterms – AND and decide that their own gerrymandered districts should get thrown out to protect free and fair elections.

In other words, don’t count on it.

LostInParadise's avatar

The action should be done by the Supreme Court. The court’s previous ruling, allowing for gerrymandering, should be reversed.

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