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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  But isn't the point... (0+ / 0-)

    ...and please correct me if I am wrong, that it's not so much the gerrymandered districts that makes the difference but which states decide to do this crap? If for example WI, MI, VA, OH, PA and FL all decided to divide their EV in a way that reflected the popular vote (in other words, a perfect un-gerrymandered, one-person-one-vote redistricting that sounds as though it would be constitutional), the result would be that, in those states where Obama got 100% of the EV despite getting only 51% of the popular vote, suddenly 49% of the EV from those states would go away. That would mean about a 280-258 EV race even when Obama won by 3.85% in the national PV. One more medium-sized state switching and the race would go to the GOP.

    That to me is the problem -- that states with slight Dem popular vote advantages in Presidential elections but with crazy GOP governors and legislatures -- you know, like WI, MI, VA, OH, PA and FL -- would game the system to level the playing field in the EC despite a major  PV disadvantage.

    And it would not require gerrymandering, constitutional or otherwise -- just the right states switching their systems.

    NEW PALINDROMIC METAPHOR MEANING TO MAKE A PREDICTION THAT IS ASTOUNDINGLY OFF TARGET: "Pull a Gallup!" As in: "The weatherman said yesterday would be sunny and mild, but we got a foot of snow! Boy, did he pull a Gallup!"

    by Obama Amabo on Tue Jan 29, 2013 at 02:09:42 PM PST

    [ Parent ]

    •  Right (0+ / 0-)

      The gerrymandered districts are just a facade, a vehicle for dressing up a bill that, in intent and effect, is designed to disenfranchise one political party's voters.  

      That's my point.  Essentially, the case law we have involves gerrymandered districts, and not electoral vote allocation.  But the case law shows that (1) political vote-dilution can violate equal protection, but (2) with respect to Congressional district line-drawing, there's no good way for courts to draw "fair" lines for single-member districts.

      (1) is the source of the challenge to the EV rigging scheme; this is an attempt by one party in power today to entrench themselves against the statewide national will; and (2) should not be a concern when here, the pre-existing popular statewide vote plan is a judicially managable, complete remedy if there is an equal protection violation.

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