It’s time to ride this horse again, this time due to a Wall Street Journal op-ed on racial gerrymandering, Texas, and the 1965 Voting Rights Act, which sought to balance minority access to electing government representatives with majority access (itself an unconstitutional unequal treatment law IMNSHO).
The op-ed centered on Texas’ move to redraw its current Federal House of Representative districts and “liberal” beefs that Texas’ current districts already disadvantage Hispanics is, here, irrelevant; it’s that unequal treatment that matters.
The second clause of the first Article of the 14th Amendment of our Constitution makes the matter crystalline.
No State shall make or enforce any law which shall which shall abridge the privileges or immunities of citizens of the United States…nor deny to any person within its jurisdiction the equal protection of the laws.
Gerrymandering on the basis of race is clearly unconstitutional, and that VRA should have been struck down long since—the latest opportunity having come when the Supreme Court released the Southern States from government oversight regarding their voting laws. Beyond that, one of the central privileges of a citizen of the United States is the ability to vote in an election (in this post, a national election) and have his vote count as much—neither more nor less—than the vote of any other citizen of the United States.
The concept—equal protection of the laws—extends easily to political parties: gerrymandering on the basis of political party also plainly denies us average Americans our equal treatment by limiting the value of our votes in some districts and artificially increasing the value of our votes in other districts solely on the basis of political stance.
The clear, constitutional, equal treatment solution to this is to draw our Congressional districts without regard to political belief, race, or any other criterion other than our status as American citizens (and citizens of the State in which we reside, as the first clause of that Article specifies), but strictly within (or as practice has overcome the explicitly stated requirement) within the spirit of equal population requirement stated in Article I, Section 2 of our Constitution:
The Number of Representatives shall not exceed one for every thirty Thousand….
Thus: beginning with the geographic center of the State, draw the districts as squares, with the only deviation from a straight line being at a State’s boundary with an adjacent State. Otherwise, the number of districts must equal the apportionment of Representatives the State’s total population allows, and each of the districts must be geographically sized so that each of the districts has substantially equal populations of citizens.
We’re all Americans, and so we’re all equal under law. Race, political position—religion, etc—are wholly irrelevant to this.