Readers are aware of my ever-deepening conviction that America's economic problems are not really economic. They are political. Practically any high school senior could devise a fiscal solution to the deficit mess. I wouldn't like the growth effect of the higher tax rates, and you may not like the spending cuts, but this is a 1-pager that my old pal Mick Lewis would have scribbled out 10 minutes before the assignment was due in Civics. And he would have gotten an A.
Today, I'll describe what I see as one of the deepest - and worsening - political problems in our democracy. Gerrymandering. What Mick can't do, or any of my friends from Columbus can't do collectively, is fix the politicians who are making the mess. We literally can't pick our representatives any more, because they have fixed the political game and are picking their voters through the process of Gerrymandering. Another friend, Paul Parrish, just posted the new map of Ohio's congressional re-districting on facebook with the comment: "What is this? My son could have drawn a better map with his crayons."
Believe me, it's not just Republicans. In California's 2002 redistricting, the seat I competed for was redistricted from a 50-50 partisan split into a roughly 60-40 safe seat for Democrats. Heck, Dem incumbents even "lawfully" paid the consultant who was asked by the state to draw the new maps. How sweet is that deal? To his credit, Arnold Schwarzenegger fought to change abusive redistricting, but it remains rampant about everywhere else in the country.
The Supreme Court Pass
Gerrymandering got out of control in the 2002 redistricting process, and actually in the years afterwards when the normal once-a-decade process turned into a state by state, once-my-party-is-elected-majority process. Voters became pawns in this charade.
A legal challenge finally made its way to the Supreme Court, which is truly the only institution with the authority to police political abuses of this scope and scale. The case was VIETH et al. v. JUBELIRER, and was decided on April 28, 2004. My birthday, which is an ironic gift.
In the lengthy 4-1-4 decision, the Court took a pass. The 4-Justice plurality ruling said that redistricting is a "political" matter for Congress alone to manage because the Court itself lacked jurisdiction per the Constitution. This is wrong. Precedent says so, but frankly so does Originalism. Would the Court remove itself if a racist Congress reordered districts so that black members were redistricted ad hoc? Would it rest idly if rural votes were essentially diminished to nil in each of the 50 states? These are possible tactics of modern gerrymandering, and I don't believe for a second the Court would abide them as Constitutional. Neither did the fifth justice, whose consenting opinion hinged on these words:
When presented with a claim of injury from partisan gerrymandering, courts confront two obstacles. First is the lack of comprehensive and neutral principles for drawing electoral boundaries. No substantive definition of fairness in districting seems to command general assent. Second is the absence of rules to limit and confine judicial intervention.
I had hoped the Court would revisit this, or somehow it would be fixed by mobs of angry voters, but the Ohio map indicates it is getting worse. So, in anticipation of this rising in a new case to the Supreme Court, I'd like to weigh in the blog post from a humble economist. I think they call these amicus briefs or something. Dunno. When the time comes, here's what we need Justice Kennedy to understand: there is a simple and neutral principle for drawing fair boundaries.
The Perimeter Rule
A gerrymandered seat has that pornographic "you know it when you see it" subjective quality. But its curves can be quantified in a revealing way. Simply measure the perimeter of each district on a map and compare it to an ideal map with minimal perimeters. That ratio should tell you how far the legislature has gone to bend the districts. A perimeter ratio of 1 would be, literally, perfect. A perimeter ratio of 1.25 would be reasonable, especially if the state were to respect rivers and county lines where convenient. But a ratio of 2.0 or greater certainly fails a reasonableness standard.
Let's consider an example using a simple chessboard. Imagine the chessboard is filled with relatively homogeneous voting communities of Alphas and Betas. Alphas can represent social conservatives, or whites, or pacifists, what have you. The Betas represent the opposite. Now imagine a smooth spread where alpha and beta communities alternate across the board, just like the colors of the squares on the board. Now let's carve four equally populated districts. Ideally carved districts would be cut into neat mega-squares, 4x4, right? Each would have sixteen squares, with 8 alpha and 8 beta communities, and a perimeter of 16.
An alternative cut could neatly add two alphas to one district and two betas to another This yields more partisan seats of 10-6 and 6-10, which both protects incumbents and advantages more partisan candidates. The new perimeters of these districts would be 22. The perimeter ratio for this example would be 22/16 or about 1.4.
But our simplified gerrymander could be much more intense. I've drawn one map which allows slivers to connect various squares so that a district could be drawn with 14 alphas and 2 betas, and a perimeter of 54! That's a ratio of 3.38. As ugly as that number is, my guess is Ohio's new perimeter ratio is even bigger.
If I have time, I'll make some images. It would be a nice graphic to show some high school seniors. Or maybe Justice Kennedy.