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Supreme Court Steps In With Huge Update On Landmark Election Case
Republic Brief ^ | 12/12/22 | Liza Carlisle

Posted on 12/13/2022 4:08:58 AM PST by Eleutheria5

Redrawing districts has played a part in the recent midterm elections, and questions as to how districts may be redrawn as well as other issues are about to begin to define the individual state’s rights when it comes to federal elections. Some districts across the country have grown and need to be realigned, but gerrymandering, or manipulating the boundaries of a constituency so as to favor one party, is a concern.

Last week saw the debate in court, as North Carolina’s closely-watched election is underway before the U.S. Supreme Court. North Carolina legislative leaders are appealing a ruling from the North Carolina Supreme Court striking down the state’s congressional map and want more power in drawing the state’s district lines, saying that only the state has the power to set those rules.

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(Excerpt) Read more at republicbrief.com ...


TOPICS: Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: constitution; legislature; redistricting; statecourts
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Since the state legislature is the one who funds and sets up the state courts, this could go either way.
1 posted on 12/13/2022 4:08:58 AM PST by Eleutheria5
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To: Eleutheria5

Districting should not allowed, imo.
It should be tied to counties or something where it can’t be manipulated by politiicians.


2 posted on 12/13/2022 4:10:36 AM PST by Jonty30 (You can't spell liberal without the a-hole. )
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To: Jonty30

“It should be tied to counties or something where it can’t be manipulated by politiicians.”

Perhaps someday, some state legislature out of the 50, all of them comprised of politicians, will try this experiment in disempowering themselves. I wouldn’t hold my breath.


3 posted on 12/13/2022 4:15:45 AM PST by Eleutheria5 (Free country? Good morning, Rip. )
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To: Jonty30
It should be tied to counties or something where it can’t be manipulated by politiicians.

Not sure how that's supposed to work in order to ensure that each representative of a district represents roughly the same number of people.

Going by county, or even just city lines, you'd end up with one representative representing relatively few rural people, and one representative representing a lot of urban people, which goes against the purpose of representative government.

4 posted on 12/13/2022 4:26:01 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Jonty30
It should be tied to counties or something where it can’t be manipulated by politiicians.

It is an inherently political process.

5 posted on 12/13/2022 4:27:30 AM PST by marktwain
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To: Eleutheria5

in my ny area...they created 5 heavily weighted black districts...same as 5 dem districts...


6 posted on 12/13/2022 4:41:02 AM PST by Sacajaweau ( )
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To: Jonty30

agree


7 posted on 12/13/2022 4:41:34 AM PST by Sacajaweau ( )
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To: Eleutheria5

“The U.S. Constitution’s Elections Clause is clear that it’s the state legislatures...”

Very clear, completely unambiguous statement in the Constitution so we will have to wait and see if the Supreme Court terminates the Constitution.


8 posted on 12/13/2022 4:51:39 AM PST by odawg
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To: Eleutheria5

Its only a concern in red states.

Mi and NY gerrymandered their own safe districts and were not challenged. NC goes thru this crap every single time for the last 2 census cycles.


9 posted on 12/13/2022 4:52:02 AM PST by Adder (ALL Democrats are the enemy. NO QUARTER!!)
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To: Jonty30

Population is a key factor.

The great hypocrisy is the NC demonkkraps controlled the state for more than 100 years after reconstruction. They gerrymandered the state, and changed election laws always to favor their party. For example, in 1972 when Nixon was going to crush McGovern, the demonkkraps feared what this would do down ballot - which was a full slate from gubnar all the way down to water board. They changed the law that allowed a person to check just one box at top to allow straight party vote. Also, the demonkkrap candidate name was always first listed on the ballot.... studies reportedly show that a (stupid, uninformed) undecided (demonkkrap) voter will more often than not pick the first name they see. Then there is the gerrymandering .... had a case in 1990s where district stretched more than 50 miles down the I-85 corridor.... voters with different interests ... just to ensure demonkkrap seat.


10 posted on 12/13/2022 4:57:53 AM PST by Susquehanna Patriot ( )
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To: Eleutheria5

I always figured gerrymamdering is a good way to slow down the idiocy of politicians. It makes the House of Representative more dependent on State Legislatures which I believe to be a good thing.

Unlike those in Washington who favor campaign finance control, which generally would favor those in office. It’s more difficult to control State Legislatures. Because A. there are far more of them. B. They represent fewer people, so knowing them personally is much more likely.

The more local the politics the better.

The reasons are similar to those for the repeal of the 17th amendment.

Stick to the original Constitution: let the state legislators draw the congressional maps without interference of the state courts or governaors/administrations.

Let the state legislators choose the U.S. Senators.


11 posted on 12/13/2022 5:00:43 AM PST by ALPAPilot
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To: odawg

An argument can be made that an unconstitutional drawing of representative districts is within power of courts to rule on. The classic is racial gerrymandering. (BTW the NC demonkkraps on past racially gerrymandered to ensure a black lefty demonkkrap was elected to Congress). But if a court finds an unconstitutional drawing of the districts, the court should not be empowered to redraw the maps itself, nor delegate the redrawing of the maps.

Also, if I am still up to date ... plain old party gerrymandering has never been held as unconstitutional. The NC demonkkraps have a very long history of gerrymandering - more than 100 uninterrupted years worth. I hope this was pointed out in the case before the court. They came to court with dirty hands.


12 posted on 12/13/2022 5:06:35 AM PST by Susquehanna Patriot ( )
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To: Eleutheria5

(((YAWN))) I don’t think this Supreme Court crap matters anymore. The RATS ALWAYS win.


13 posted on 12/13/2022 5:21:16 AM PST by FlingWingFlyer (Hey Amerika! The whole world is watching and laughing their asses off. )
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To: Eleutheria5

1. The Constitution requires that voters for Representatives shall be the same as for the lower house of the state legislature. (At the time it was thought there might be different qualifications for voting in the lower versus the upper house.)

2. The Constitution gives the Congress the power to set the times, manner and place of voting for Representatives and Senators. (Within any such stipulations, state legislatures can add additional rules.)

3. The equal rights amendment (#14) has been construed so that Congressional Districts are roughly of equal population.

4. The voting rights amendment (#15) has been construed so that lines could be drawn so as to create majority-minority districts where compactness and communities of interest might dictate otherwise.

5. As to districts, these were mandated by Congress by law (in 1842), with state legislatures delegated the power to draw the lines. There is nothing in the Constitution mandating single-member districts. In fact, several states had previously elected Representatives at large. The 1842 law requires districts to be contiguous. (Sometimes, this merely means connecting parts of a district by running lines along the median strip of highways.)

6. A Congressional law does not per se overrule state constitutional provisions mandating compactness or communities of interest or other anti-gerrymandering provisions (well, unless the Congress in its wisdom chooses to void such state laws as it did in the Voting Rights Act of 1965). So, state courts (as well as federal) have a role to play.

7. I’m sorry, but there’s no easy answer to this thing. We’re going to have to fight tooth and nail for each and every elective office, from school board to the state supreme court, and furthermore to raise up persons willing to serve in appointive office. Ours must be a mass, grassroots effort, and one that continues from one election to the next.

Let us pledge, as the English did, Rule America, America rule the waves. We will never, never, never be slaves!


14 posted on 12/13/2022 5:25:34 AM PST by Redmen4ever
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To: FlingWingFlyer

So become a Rat. Leave a sinking ship.


15 posted on 12/13/2022 5:28:55 AM PST by Eleutheria5 (Free country? Good morning, Rip. )
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To: Yo-Yo

“Not sure how that’s supposed to work in order to ensure that each representative of a district represents roughly the same number of people.

Going by county, or even just city lines, you’d end up with one representative representing relatively few rural people, and one representative representing a lot of urban people, which goes against the purpose of representative government.”

That’s not correct. The business of having representatives represent the same number of people stems from the ridiculous Warren Court “one person, one vote” ruling in the 60’s.

Previously, legislatures were comprised differently, with towns and counties represented in the legislature. For example, I live in MA, and each town had a representative in the state senate, similar to each state being represented in the US Senate (same principle).

With “one person, one vote” individual towns and counties have been relegated to non-important entities, with representatives representing several towns at once or parts of towns (whatever they have to do to make the numbers even).

We had fully functioning representative government long before Earl Warren and his band of merry men got in the way.


16 posted on 12/13/2022 5:29:38 AM PST by cotton1706
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To: marktwain
It is an inherently political process.

EVERYthing is an inherently-political process.

17 posted on 12/13/2022 5:32:06 AM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: ALPAPilot

Agree!


18 posted on 12/13/2022 5:34:08 AM PST by Reily
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To: Lazamataz

Yep, and since politics is so thoroughly corrupted, follow the money. ALWAYS!


19 posted on 12/13/2022 5:34:09 AM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative

It has been a journey of discovery for me, finding out that America — who I thought to be the good guys and honest — was in fact as bad, or worse, than the Soviet Union.


20 posted on 12/13/2022 5:35:52 AM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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