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Periodically, there are news stories about gerrymandering. There are cases currently before as well as cases recently decided by the Supreme Court. There's also the issue of the party in power getting to redistrict after each 10 year census.

Much as I try, I can't find anything that describes existing laws that empower gerrymandering. Can anyone provide some sources?

Brythan
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Bob Baerker
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  • What would a law that "empowers" gerrymandering be? At its root, gerrymandering is just what people call a redistricting plan that they don't like. Sometimes people propose laws to prevent gerrymandering. I've never heard of a law empowering gerrymandering. And if you are looking for state law, you need to say which state. – Brythan Feb 08 '18 at 19:02
  • https://politics.stackexchange.com/questions/12804/how-does-gerrymandering-work-in-the-us?rq=1 is pretty closely related –  Feb 08 '18 at 19:22
  • @Brythan: The party in power is in charge of redistricting. They don't get that power out of thin air. As for proposing laws to prevent gerrymandering, that's circular logic. Such laws would not be needed unless others were in place. – Bob Baerker Feb 08 '18 at 21:20
  • Oops, never mind. James K provided the info that I need. – Bob Baerker Feb 08 '18 at 21:21
  • It's not really "laws that empower gerrymandering" as much as it is "lack of laws which prevent gerrymandering". – Joe C Feb 08 '18 at 22:08
  • I closed this question as a duplicate of our general "what is gerrymandering" question. When you need more details, please be more specific about what information you want. – Philipp Feb 08 '18 at 22:28

1 Answers1

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The power to Gerrymander is the power to draw district boundries, and this power is described in the US constitution, Article 1 Section 4

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 Senators.

In other words, States can run their own elections, subject to Congressional oversight. So State legislatures use the power stated here to set district boundaries. As they have the power to determine boundaries, there is the temptation to use that power to partisan benefit.

There is the power for Congress to intervene, but only through passing Laws. For example, In 1842 Congress passed a law that prevented States from electing their representatives "at large". This was modified further in 1967 Therefore Congress has passed laws that require congressional districts to be drawn. And re-apportionment following a census means that re-districting must also happen.

So two laws that empower Gerrymandering are the US Constitution and 1842 Apportionment act.

James K
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