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.
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.
They don't even have to be different people.
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