The practice of drawing contorted electoral district boundaries with the intent of favoring a particular party or group.
Put simply, gerrymandering is the drawing of electoral districts in order to favor a political party or other group. In practice, gerrymandering results in contorted district boundaries that include “desirable” demographic groups (whose members are inclined to vote for a particular party) and exclude “undesirable” groups. Although the practice violates the intended purpose of redistricting, a case has been made for maintaining “cohesive” voting blocs within electoral districts.
The citizens of the United States are divided into 435 congressional districts, with each district electing one legislator to the U.S. House of Representatives. Each state is allocated a certain number of districts, based on its relative population. Every ten years the 435 congressional seats are “reapportioned” among the states, according to new population figures from the latest census. The states (primarily the state legislatures) then draw new district boundaries, both to permit an increase or decrease in their allotment of congressional seats and to ensure that all districts include approximately the same number of voters.
The term “gerrymander” was coined in 1812, when the Massachusetts legislature created a contorted state senate district to favor the Democratic-Republican party. The district was said to resemble a salamander, and was dubbed a “Gerrymander” in reference to Governor Elbridge Gerry, who approved it.
Various manifestations of gerrymandering have been found to be unconstitutional on several grounds. One concerns the equality of constituency size. A disproportionately large population might be consolidated into one district, thus diluting the political strength of its voters relative to the voters in smaller districts. (This would occasionally be done to dilute the voting strength of African Americans
Yet simply creating districts with numerically comparable populations does not ensure that the one person, one vote principle is observed. With knowledge of certain voting indicators (such as party affiliation), a district can be drawn that is heavily weighted toward a particular political party or group. The Court found this type of gerrymander to be unconstitutional in Gomillion v. Lightfoot
Although many gerrymandered districts were based on attempts to disfranchise minority voters, many others simply favor a political party, irrespective of ethnic considerations. The Court found, in Davis v. Bandemer
Although the Court consistently stood against redistricting schemes that seek to disenfranchise minorities, for a period in the 1970’s and 1980’s it ruled that race-based districts may be necessary to ensure the voting strength of minority groups. In fact, federal courts ordered some states to create districts containing a majority of ethnic or racial minority groups in order to uphold the 1965 Voting Rights Act. In essence, it was assumed that the voting strength of racial and ethnic groups could be increased by concentrating their votes in individual districts. The approach was bolstered by a 1982 amendment to the Act that upheld the right of African
In the 1990’s the notion of majority-minority districts came under increasing, powerful attack. Although many leaders of minority groups continued to defend such districts as a necessary mechanism for increasing minority representation, the public mood and the Court turned against the idea.
A watershed was reached with the Shaw v. Reno
In 1995 the Court more definitively rejected the notion of race-based districts in Miller v. Johnson.
Bernstein, Mark F. “Racial Gerrymandering.” The Public Interest (Winter, 1996): 59-70. DiClerico, Robert E. Voting in America: A Reference Handbook. Santa Barbara, Calif.: ABC-Clio, 2004. Rush, Mark E., ed. Voting Rights and Redistricting in the United States. Westport, Conn.: Greenwood Press, 1998. Savage, David G. “The Redistricting Tangle.” State Legislatures (September, 1995): 20-24. Swain, Carol M. “Limited Racial Gerrymandering.” Current (January, 1996): 3-6. Zelden, Charles L. Voting Rights on Trial: A Handbook with Cases, Laws, and Documents. Santa Barbara, Calif.: ABC-Clio, 2002.
Davis v. Bandemer
Gomillion v. Lightfoot
Representation, fairness of
Voting Rights Act of 1965
Wesberry v. Sanders