Amend Constitution: End Gerrymandering

The Supreme Court decided in 2019, in a pair of cases before it, that partisan “gerrymandering” (drawing voting districts in a way that influences which party will win an election) is a political question “beyond the reach of the federal courts,” according to Chief Justice John Roberts, writing for the majority in a tight 5-4 opinion.

The problem with the holding is that gerrymandering prevents any fair political resolution to the problem. Courts will not fix the problem, leaving it to politics. Politics cannot fix the problem because gerrymandering prevents politics from operating in a fair manner.

The decision severely reduces an important 1962 decision in Baker vs Carr, which held that “one person, one vote” was so important, that courts should intervene when necessary to protect that principle. “Voters should choose their politicians, instead of politicians choosing their voters,” goes the argument.

We the People need to amend the Constitution to prevent improper gerrymandering, by establishing bipartisan Commissions to fairly draw legislative districts.

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States regarding Congressional districts.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of each House concurring therein,

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

ARTICLE 1. Each state shall establish districts, represented by members of Congress, by a nine-member Commission, composed of members chosen as follows:

1. Three members appointed by the political party with the highest percentage of registered voters
2. Three members appointed by the political party with the second-highest percentage of registered voters,
3. One member appointed by the political party with the third-highest percentage of registered voters,
4. One non-partisan member appointed by the Governor,
5. One non-partisan member appointed by the Presiding Judge of the state’s highest appellate court.
6. Within six years prior to their appointment, all members of the Commission shall not have been: (A) Candidates or elected officials to partisan state, federal, or local office. (B) Officers or members of the governing body of a national, state, or local political party. (C) Close family, registered lobbyist, or paid consultants or employees of a federal, state, or local elected official or political candidate, of a federal, state, or local political candidate’s campaign or political action committee.

ARTICLE 2. The Commission shall establish reasonable boundaries that are:

1. Compact and composed of contiguous territory,
2. Located on natural, political, or historical boundaries, or demographic changes,
3. Designed to include residents in a manner that appropriately considers and balances political party affiliations and other constituencies of the state,
4. Consistent with demographics and calculations to provide appropriate correlation to the principle that each person has an equal vote.

ARTICLE 3. The districts established by the Commission shall be certified by each Secretary of State, unless and until overturned by a federal court of competent jurisdiction on any material procedural error, or a substantive error that finds the decision to be so unfair as to be an abuse of discretion by the Commission.

ARTICLE 4. Each state shall have the power to establish rules and procedures for their Commission.

SECTION 5.  Congress shall have the power to enforce this article by appropriate legislation.