The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Tuesday, January 29, 2013

How much effort did it take to rig the game?



Congressional districts have no constitutionally prescribed shape.

The constitution does not even require that there be districts or that representatives be elected by district.

It does require that seats in the house be distributed to the states at least roughly in accordance with population, though before the Civil War only 3/5 of the slaves could be counted for this purpose and no Indians not subject to taxation.

Given voting by district, each one to have one representative chosen by plurality of votes cast, it is impossible to draw lines in a way that does not advantage one party to the disadvantage of another.

And there is no rule in the constitution requiring that districts be drawn so that the share of each party resulting from district voting reflects the statewide party votes.

Nor has anyone, that I know of, proposed such a requirement to any state legislature or as an amendment to the US Constitution.

Given that, what is the basis for denouncing anything else as “gerrymandering”?

Oh, and as far as the constitution goes the people need not even have a vote in the selection of presidential electors, at all.

Each state can choose its own electors in whatever manner its legislature prefers, its people perhaps not even being presented with an appearance of voting for president – the appearance of so voting being all we have now.

So Republican proposals to tie electors to congressional districts in preference to the current method of statewide winner take all is perfectly legitimate, even if part of a national plan to do this only in states that otherwise would go completely to the Democrats.

Maine and Nebraska already do this, awarding 2 electors to the statewide winner and 1 each by congressional district.

Oh, and one more thing.

Nothing binds the electors to a candidate or party, state laws purporting to punish faithless electors being of doubtful constitutionality.

Once chosen, they can vote for anyone they like for the office of president.

Each elector has one vote for one person for president and another one vote for one person for vice president.

They don’t even have to be of the same party.

They don't even have to be different people.

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