Should California Voters Vote to Redraw District Lines and Combat the Lone Star State's Aggressive Tactics with Fire?

What, exactly, is the role of the U.S. Congress? During another Trump administration, it is difficult to tell. The power to declare war, traditionally viewed as a vital legislative power, has turned into a unclear prerogative of the presidential office in the time since the 9/11 attacks; the president, in recent months, has asserted even more of that control for himself, authorizing military actions on vessels in the Caribbean Sea.

The authority over spending seems to have mostly been taken away from Congress as well; currently, under the leadership of management and budget director, the OMB director, much of the power to allocate federal funds has likewise shifted to the executive, with the White House claiming the authority to cancel legislatively approved expenditures and seeking to redirect the money to other uses. It’s not like they’re enacting any laws, either; virtually all legislation must currently be packed into budget reconciliation bills, huge recurring essential comprehensive bills that can circumvent the senate obstruction. But when those don’t pass – and increasingly, they don’t – the federal government just shuts down. That is, big parts of the administration shut down – and it’s not clear how many people notice. Currently, the federal government has been shut down for the entire month; there are little indication of it resuming operations anytime soon. But the presidency continues operating smoothly.

And so the question of control of Congress can appear rather irrelevant. Why should Americans care who holds a controlling share in a body that has largely rendered itself powerless?

In what way ‘oppose the president’ messaging may assist California’s Proposition 50 prevail

And yet Prop 50, California’s ballot measure on district boundaries that could deliver five additional congressional positions to the Democrats if it is embraced by voters in a upcoming vote in the coming weeks, has seized the attention of progressives nationwide. Partly, it is a delayed reaction to developments happening elsewhere: GOP-led states have long embraced extreme biased redistricting while large Democratic-controlled such as the Golden State, New York and Washington draw their maps via nonpartisan independent commissions, an imbalance that has led to narrowly split House control and a long-term sense, by the left, that their political group is bringing a knife to a gun fight. The state measure is clearly intended as a countermove to a mid-term redrawing of maps that recently passed in the Lone Star State, which installed boundaries that will provide the GOP an additional five positions in the state’s congressional delegation in the upcoming term; similar redistricting moves are under way in states such as Missouri and Indiana. (The left in Virginia are also following the state’s lead in attempting to redistrict.)

The California measure seems probable to pass, as Democratic and liberal electorate respond with fear and frustration to the president’s autocratic consolidation of power and seek ways to restrain his most extreme impulses. But the proposition is not free from controversy. Some opponents warn that the action could have unintended consequences, with blue states’ attempts to redistrict setting off a revenge cycle in which Republican-controlled states do additional to design their maps so as to foreclose any possibility of Democratic competitiveness. Different critics have critiqued the proposal on strictly principled pro-democracy bases: a district that is drawn in such a way that the result of the election is never really in doubt, they say, is one that cannot be said to be genuinely democratic: it implies, necessarily, that the influence of opposing views is suppressed, and that the process of deliberation, argument and convincing that is supposed to define a functioning political system will be limited only to party primaries, if it occurs at all.

It is worth taking each of these criticisms on their own terms. The first argument, that the measure will provoke the right to redraw their respective maps in response, fails as a causal argument: it is illogical to claim that the GOP will be made to act in undemocratic ways by Democrats’ measures when they are already engaging in such behavior in the absence of those actions. The Republican party, I would observe, has required no any incentive of retaliation to redraw boundaries that secure permanent positions for their party: they have been ready to do this for their own benefit, in the total lack of Democratic reciprocation, for a long time.

The second objection, I think, is more significant, expressing not just a tactical difference about how to confront the Republicans’ anti-democracy shift, but a sort of sad desire for a different country than the one that the United States has turned into. It is accurate that in a better situation – in the reality that most Democrats, it is believed, desire and aspire to – the proposition would be distasteful to our values, and not required by our circumstances. It is not good to pack and crack disfavored population groups; it is harmful for politicians to choose their constituents, instead of the reverse; it is not good that elections are rendered noncompetitive. That these measures have become essential in order to slow the authoritarian creep of Trump’s power and reduce the amount of harm he is capable to cause is sad; it is a indication of how far we have fallen from something more like a democracy. But they are necessary. It is only once the battle against the current administration’s ideology has been won that we can lament what fighting it has transformed us into.

If the legislative branch does not in practice have lawmaking, war making or appropriations power, what is it, exactly, that the proposition’s five new blue house members will be dispatched to the capital to do? One thing that Congress still retains is subpoena power, and the power to investigate. Even in our era of sclerotic politics and legislative decline, it has utilized of that authority to significant impact. In 2027, if Prop 50 passes and the state’s new Democrats are sworn in, they will become a part of a body with the power to investigate the president, to televise their investigations into his actions and to compel members of his inner circle to give evidence. It’s not nothing, and more importantly, it’s not something that any conservative would do.

  • Moira Donegan is a Guardian US columnist

Sharon May
Sharon May

Jonathan is a business consultant with over 15 years of experience in corporate services and workspace solutions.