Gerrymandering is as old as our country; after all, Elbridge Gerry signed the Declaration of Independence. Gerry didn’t have computers and algorithms to help him, however, and the Supreme Court didn’t give its blessing to gerrymandering until the Trump years. As a practical matter, millions of Americans, Republicans and Democrats alike, now have little voice in choosing their House member and no hope of any change in the future. Is it possible to remedy that situation at the federal level?
Maybe. The Constitution says nothing specific about who creates House district boundaries and how it is to be done; it simply gives the states the power to choose the time, place, and “manner” of House elections. The extent to which the reference to “manner” includes drawing boundaries is vague at best. In addition, the federal government is given some residual powers to shape election rules. Could all of this ambiguity give the federal government some ability to limit or even prohibit gerrymandering?
House district boundaries are probably always going to be established at the state level. I don’t see anything in the Constitution, however, that would prohibit the federal government from enacting legislation requiring the states to create bipartisan commissions to draw boundaries that are neutral on a partisan basis after each census and prohibiting the creation of new maps at other times. It should be tried after 2028.