Gore Both Oxes

In Matthew Mimnaugh’s (ex-Equal Employment Opportunity Commission Chief Counsel, among other such positions) Wall Street Journal op-ed, he decried the Republican Party’s lack of success, apparently due to lack of effort, in gerrymandering Red States compared to the Progressive-Democratic Party’s success at gerrymandering Blue States to gain Federal House of Representatives seats. After all, he noted,

In 2000, the House GOP earned its thin majority of 221 while outpolling Dick Gephardt’s Democrats nationwide by less than 0.05 percentage point. In 2024, despite a nearly 4-point popular-vote advantage, Speaker Mike Johnson has a majority of only 220.

Mimnaugh’s solution is for Republicans to become better gerrymanderers. Gerrymandering, he noted, is a tradition almost as old as our republic. It’s also, it seems to this average American denizen of flyover country, unconstitutional, for all its long-standing nature. Here’s Art I, Sect 2, of our Constitution on the matter of Congressional representation:

The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative….

There’s nothing in there about divvying up that sectioning in order to favor this or that party—or this or that race, come to that. It’s certainly the case that standing on ceremony and insisting on a maximum constituency of 30,000 per Representative, which with a national population of 340 million would result in a House of some 11,333 Representatives, would be politically and practically…impractical.

The gerrymandering bit, however, is easily corrected, and the correction better done than by competing gerrymander schemes every 10 years. The obvious solution is to divide each State by the number of Representatives to which it is apportioned every 10 years, thereby arriving at the number of Congressional districts into which the State would be divided. This is the current procedure. However, instead of drawing district boundaries explicitly to favor this or that party and this or that race, divide each State into substantially equally populated districts, and starting at the State’s geographic center, draw the districts as squares with the first four districts having one corner each anchored on that center. Then work in concentric “circles” around those four until the requisite numbers of districts are drawn.

For States with three Representatives, divide them into three substantially equally populated triangles anchored on that center with straight lines marking their mutual boundaries. For States with two representatives, divide each into two substantially equally populated districts with a straight line marking their mutual boundary. The reductionist case of one Representative is obvious.

In all cases, the only deviation from straight line district boundaries allowed would be at a State’s boundary with a neighboring State or neighboring nation, or in Hawaii’s case, the ocean shore line.

We are, after all, all Americans, all equal under law, and all voters, each with an equally valid and valued vote, without regard to party or race. Americans under law and as voters are as well party-blind and color-blind.

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