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Is gerrymandering constitutional?
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Date: November 8th, 2012 5:38 PM Author: scarlet locus I mean obviously it must be, if it's always been done and hasn't been challenged, but what specifically grants states the right to do it? (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002135) |
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Date: November 8th, 2012 5:39 PM Author: Titillating citrine theater stage dingle berry the courts by not stopping it?
as long as they don't have some racially driven motivation it's usually upheld. |
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Date: November 8th, 2012 5:41 PM Author: scarlet locus So it's just something that's not discussed at all in the Constitution either way, and since it's not, then it must be allowed, right? (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002162) |
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Date: November 8th, 2012 5:45 PM Author: Titillating citrine theater stage dingle berry no it is discussed, but it's very hard to stop based on the constitution or the Voting Rights Act. In fact, the VRA almost justifies gerrymandering because it's hard to tamper with majority minority districts. So a lot of Southern States have the justification to keep districts that are 90% black rather than a couple districts that are 45% black. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002186) |
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Date: November 8th, 2012 5:47 PM Author: scarlet locus so if VRA justifies it, why has it been working against shitlibs recently? (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002210) |
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Date: November 8th, 2012 5:52 PM Author: Charcoal Theatre B/c the VRA requires districts of at least 50% minority population (some courts will say more). If you have 50% blacks in a district, you can be sure there will be a bunch of Hispanics and poor whites too, who similarly vote Democratic, and you end up with 80-90% Dem districts mandated by law.
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Date: November 8th, 2012 5:41 PM Author: Charcoal Theatre Liberals got rid of at-large districts and determining the manner of representative elections is given to the state legislatures in art I. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002153) |
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Date: November 8th, 2012 5:45 PM Author: Federal Indigo Box Office Actually Article I Section 4 Clause 1 allows Congress to redistrict if it so pleases. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002194) |
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Date: November 8th, 2012 5:47 PM Author: Charcoal Theatre Sure but that doesn't change the fact that gerrymandering isn't unconstitutional. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002205) |
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Date: November 8th, 2012 5:49 PM Author: scarlet locus Elaborate on this please (im a non-lawschool bro) (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002221) |
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Date: November 8th, 2012 5:54 PM Author: Charcoal Theatre "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [sic] Senators."
Theoretically Congress could pass a law outlawing gerrymandering by some definition, but the default is that the states are allowed to do what they want. |
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Date: November 8th, 2012 5:58 PM Author: scarlet locus wtf, did they really misspell "choosing"? that's pretty lulzy
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Date: November 8th, 2012 6:00 PM Author: scarlet locus "Liberals got rid of at-large districts" - what does this mean? What are at-large districts? (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002313) |
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Date: August 27th, 2025 1:04 AM Author: crimson kitchen Jurisdiction-covering districts (so for Congress, statewide), and the term is particularly used where (1) their are also subset districts and/or (2) the at-large district is multimember.
Congress eliminated these for itself (i.e., for federal House seats) ages ago -- like pre-Civil War -- requiring contiguous single-member districts that collectively cover the entire state; scotus required those districts (and all districts, not just congressional, where the body to which the candidates are being elected acts on a collective voting basis (basically: legislative districts, but not judicial or executive ones)) to be equipopulous, although, fun fact, the standard for equal population is actually *way* more demanding for federal House districts than it is for any other district.
Most of the modern action on at-large districts has been in the context of city/county council seats, where they were once popular, but the VRA has made having them very difficult. |
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Date: November 8th, 2012 5:43 PM Author: Salmon glittery juggernaut As is typical with con law and its bullshit, it is not reviewable unless it is too bad. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002175) |
Date: November 8th, 2012 5:39 PM Author: Trip station mediation Districts don't draw themselves bro (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002138) |
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Date: November 8th, 2012 5:40 PM Author: Federal Indigo Box Office Congress needs to basically pass a law mandating that districts be computer-generated ... but LOL @ Congress passing such a law
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Date: November 8th, 2012 5:41 PM Author: Trip station mediation Generated by Karl Rove's computer, yes (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002156) |
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Date: November 8th, 2012 5:45 PM Author: Titillating citrine theater stage dingle berry cr.
Congress was elected by these gerrymandered districts, they have no incentive to stop this. just like they will never support term limits. |
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Date: November 8th, 2012 5:46 PM Author: Federal Indigo Box Office Congressional term limits are of questionable constitutionality (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002197) |
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Date: November 8th, 2012 5:48 PM Author: provocative orchestra pit District borders should be geographically drawn and not used wildly as random political tools (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002218) |
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Date: November 8th, 2012 5:50 PM Author: scarlet locus agreed, although "geographically drawn" seems to be very subjective as well (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002231) |
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Date: November 8th, 2012 5:52 PM Author: Federal Indigo Box Office this could be easily achieved with a computer algorithm that tries to minimize a measure called 'distortion.' This is a mathematically well-studied problem. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002247) |
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Date: November 8th, 2012 7:53 PM Author: scarlet locus hm. somehow i doubt congress would pass something which would require doing something via a computer algorithm. (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22002982) |
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Date: November 8th, 2012 5:56 PM Author: scarlet locus This seem to be the cr way to do it:
http://www.timesunion.com/opinion/article/Gerrymandering-Not-in-Iowa-1336319.php
Why cant more states do it like Iowa? |
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Date: November 8th, 2012 8:30 PM Author: scarlet locus (http://www.autoadmit.com/thread.php?thread_id=2108592&forum_id=2Elisa#22003267) |
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gerrymander?
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