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What election rules and voting rights are guaranteed by the US Constitution?


How does early voting work, and what are the pros and cons?How are conflicts between constitutional and treaty obligations resolved?Voting rights for mentally disabled peopleWhat does the Australian constitution specify about the mechanism of votingWhat are the rules for reporting vote counts on election night by the news media?Are there US documents other than the Constitution which detail Individual Rights?What is a “right” according to the U.S. Constitution?What are some examples of rights that cost money?What are the advantages/disadvantages of extending full voting rights to resident non-citizens?How do “originalist” interpreters of the constitution cope with the 2nd amendment?






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Following the recent US Supreme Court decision that gerrymandering for political purposes is not prohibited by the US Constitution, I realized that it can be hard to understand what rules related to elections and voting rights are actually constitutionally guaranteed. Are any, or are the rights US voters have instead conferred by federal, state, and local laws?



I'm not just interested in a readout of constitutional wording but a summary of what such text actually means in practice.










share|improve this question




















  • 3





    That ruling is so inflammatory. It's basically inviting mass protests.

    – Denis de Bernardy
    9 hours ago






  • 2





    @Joe how is it broad? It's merely asking which voting rights are constitutionally guaranteed. The broadest we could get is all of them and the narrowest is none.

    – JJJ
    7 hours ago






  • 1





    @JJJ "I'm not just interested in a readout of constitutional wording but some explanation of what such text actually means in practice." <-- This is a potentially open ended request that could be the prompt for a law school thesis

    – Joe
    7 hours ago








  • 3





    @Joe no, it's what the help centre considers "Constructive subjective questions" (scroll all the way down).

    – JJJ
    7 hours ago






  • 2





    @JJJ not sure if this is sufficiently helpful but I edited the question to specify that only a summary is really needed - not a treatise on every precise in & out of the law in this area.

    – DaveInCaz
    6 hours ago


















6















Following the recent US Supreme Court decision that gerrymandering for political purposes is not prohibited by the US Constitution, I realized that it can be hard to understand what rules related to elections and voting rights are actually constitutionally guaranteed. Are any, or are the rights US voters have instead conferred by federal, state, and local laws?



I'm not just interested in a readout of constitutional wording but a summary of what such text actually means in practice.










share|improve this question




















  • 3





    That ruling is so inflammatory. It's basically inviting mass protests.

    – Denis de Bernardy
    9 hours ago






  • 2





    @Joe how is it broad? It's merely asking which voting rights are constitutionally guaranteed. The broadest we could get is all of them and the narrowest is none.

    – JJJ
    7 hours ago






  • 1





    @JJJ "I'm not just interested in a readout of constitutional wording but some explanation of what such text actually means in practice." <-- This is a potentially open ended request that could be the prompt for a law school thesis

    – Joe
    7 hours ago








  • 3





    @Joe no, it's what the help centre considers "Constructive subjective questions" (scroll all the way down).

    – JJJ
    7 hours ago






  • 2





    @JJJ not sure if this is sufficiently helpful but I edited the question to specify that only a summary is really needed - not a treatise on every precise in & out of the law in this area.

    – DaveInCaz
    6 hours ago














6












6








6


1






Following the recent US Supreme Court decision that gerrymandering for political purposes is not prohibited by the US Constitution, I realized that it can be hard to understand what rules related to elections and voting rights are actually constitutionally guaranteed. Are any, or are the rights US voters have instead conferred by federal, state, and local laws?



I'm not just interested in a readout of constitutional wording but a summary of what such text actually means in practice.










share|improve this question
















Following the recent US Supreme Court decision that gerrymandering for political purposes is not prohibited by the US Constitution, I realized that it can be hard to understand what rules related to elections and voting rights are actually constitutionally guaranteed. Are any, or are the rights US voters have instead conferred by federal, state, and local laws?



I'm not just interested in a readout of constitutional wording but a summary of what such text actually means in practice.







united-states election constitution voting civil-rights






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 6 hours ago







DaveInCaz

















asked 9 hours ago









DaveInCazDaveInCaz

3452 silver badges9 bronze badges




3452 silver badges9 bronze badges








  • 3





    That ruling is so inflammatory. It's basically inviting mass protests.

    – Denis de Bernardy
    9 hours ago






  • 2





    @Joe how is it broad? It's merely asking which voting rights are constitutionally guaranteed. The broadest we could get is all of them and the narrowest is none.

    – JJJ
    7 hours ago






  • 1





    @JJJ "I'm not just interested in a readout of constitutional wording but some explanation of what such text actually means in practice." <-- This is a potentially open ended request that could be the prompt for a law school thesis

    – Joe
    7 hours ago








  • 3





    @Joe no, it's what the help centre considers "Constructive subjective questions" (scroll all the way down).

    – JJJ
    7 hours ago






  • 2





    @JJJ not sure if this is sufficiently helpful but I edited the question to specify that only a summary is really needed - not a treatise on every precise in & out of the law in this area.

    – DaveInCaz
    6 hours ago














  • 3





    That ruling is so inflammatory. It's basically inviting mass protests.

    – Denis de Bernardy
    9 hours ago






  • 2





    @Joe how is it broad? It's merely asking which voting rights are constitutionally guaranteed. The broadest we could get is all of them and the narrowest is none.

    – JJJ
    7 hours ago






  • 1





    @JJJ "I'm not just interested in a readout of constitutional wording but some explanation of what such text actually means in practice." <-- This is a potentially open ended request that could be the prompt for a law school thesis

    – Joe
    7 hours ago








  • 3





    @Joe no, it's what the help centre considers "Constructive subjective questions" (scroll all the way down).

    – JJJ
    7 hours ago






  • 2





    @JJJ not sure if this is sufficiently helpful but I edited the question to specify that only a summary is really needed - not a treatise on every precise in & out of the law in this area.

    – DaveInCaz
    6 hours ago








3




3





That ruling is so inflammatory. It's basically inviting mass protests.

– Denis de Bernardy
9 hours ago





That ruling is so inflammatory. It's basically inviting mass protests.

– Denis de Bernardy
9 hours ago




2




2





@Joe how is it broad? It's merely asking which voting rights are constitutionally guaranteed. The broadest we could get is all of them and the narrowest is none.

– JJJ
7 hours ago





@Joe how is it broad? It's merely asking which voting rights are constitutionally guaranteed. The broadest we could get is all of them and the narrowest is none.

– JJJ
7 hours ago




1




1





@JJJ "I'm not just interested in a readout of constitutional wording but some explanation of what such text actually means in practice." <-- This is a potentially open ended request that could be the prompt for a law school thesis

– Joe
7 hours ago







@JJJ "I'm not just interested in a readout of constitutional wording but some explanation of what such text actually means in practice." <-- This is a potentially open ended request that could be the prompt for a law school thesis

– Joe
7 hours ago






3




3





@Joe no, it's what the help centre considers "Constructive subjective questions" (scroll all the way down).

– JJJ
7 hours ago





@Joe no, it's what the help centre considers "Constructive subjective questions" (scroll all the way down).

– JJJ
7 hours ago




2




2





@JJJ not sure if this is sufficiently helpful but I edited the question to specify that only a summary is really needed - not a treatise on every precise in & out of the law in this area.

– DaveInCaz
6 hours ago





@JJJ not sure if this is sufficiently helpful but I edited the question to specify that only a summary is really needed - not a treatise on every precise in & out of the law in this area.

– DaveInCaz
6 hours ago










2 Answers
2






active

oldest

votes


















4














The relevant text of the United States Constitution, article 1, section 4 reads:




The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.




The 14th amendment section 2 is also relevant




...when the right to vote at any election for the choice of electors
for President and Vice President of the United States, Representatives
in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age, and citizens
of the United States, or in any way abridged, except for participation
in rebellion, or other crime, the basis of representation therein
shall be reduced in the proportion which the number of such male
citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.




So very simply, state legislatures have the power to oversee elections, but the US Congress has the power to step in when they see fit. Also everyone has the right to vote except for criminals. It says males, but, of course, it was later extended to women as well with the 19th amendment.



In the case you're referencing, the opinions of the justices are publicly available and quite readable. One relevant section from Robert's majority opinion:




Appellants suggest that, through the Elections Clause, the Framers set
aside electoral issues such as the one before us as questions that
only Congress can resolve. See Baker, 369 U. S., at 217. We do not
agree. In two areas— one-person, one-vote and racial
gerrymandering—our cases have held that there is a role for the courts
with respect to at least some issues that could arise from a State’s
drawing of congressional districts. See Wesberry v. Sanders, 376 U. S.
1 (1964); Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I ).



But the history is not irrelevant. The Framers were aware of electoral
districting problems and considered what to do about them. They
settled on a characteristic approach, assigning the issue to the state
legislatures, expressly checked and balanced by the Federal Congress.
As Alexander Hamilton explained, “it will . . . not be denied that a
discretionary power over elections ought to exist somewhere. It will,
I presume, be as readily conceded that there were only three ways in
which this power could have been reasonably modified and disposed:
that it must either have been lodged wholly in the national
legislature, or wholly in the State legislatures, or primarily in the
latter, and ultimately in the former.” The Federalist No. 59, p. 362
(C. Rossiter ed. 1961). At no point was there a suggestion that the
federal courts had a role to play. Nor was there any indication that
the Framers had ever heard of courts doing such a thing.




Here he argues that while the courts can step in clearly enumerated rights like one person one vote or racial discrimination, the courts weren't designated power to intervene in partisan political disputes over districting.



In Kagan's dissent, she argues that the 1st and 14th amendments provide protection against partisan gerrymandering, in a somewhat more abstract way.




Partisan gerrymandering operates through vote dilution—the devaluation
of one citizen’s vote as compared to others. A mapmaker draws district
lines to “pack” and “crack” voters likely to support the disfavored
party. See generally Gill v. Whitford, 585 U. S. , __– (2018)
(slip op., at 14–16). He packs supermajorities of those voters into a
relatively few districts, in numbers far greater than needed for their
preferred candidates to prevail. Then he cracks the rest across many
more districts, spreading them so thin that their candidates will not
be able to win. Whether the person is packed or cracked, his vote
carries less weight—has less consequence—than it would under a
neutrally drawn (non-partisan) map. See id., at __ (KAGAN, J.,
concurring) (slip op., at 4). In short, the mapmaker has made some
votes count for less, because they are likely to go for the other
party.



That practice implicates the Fourteenth Amendment’s Equal
Protection Clause. The Fourteenth Amendment, we long ago recognized,
“guarantees the opportunity for equal participation by all voters in
the election” of legislators. Reynolds v. Sims, 377 U. S. 533, 566
(1964). And that opportunity “can be denied by a debasement or
dilution of the weight of a citizen’s vote just as effectively as by
wholly prohibiting the free exercise of the franchise.” Id., at
555. Based on that principle, this Court in its one-personone-vote decisions prohibited creating districts with significantly different
populations. A State could not, we explained, thus “dilut[e] the
weight of votes because of place of residence.” Id., at 566. The
constitutional injury in a partisan gerrymandering case is much the
same, except that the dilution is based on party affiliation. In such
a case, too, the districters have set out to reduce the weight of
certain citizens’ votes, and thereby deprive them of their capacity to
“full[y] and effective[ly] participat[e] in the political process[].”
Id., at 565. As Justice Kennedy (in a controlling opinion) once
hypothesized: If districters declared that they were drawing a map “so
as most to burden [the votes of] Party X’s” supporters, it would
violate the Equal Protection Clause. Vieth, 541 U. S., at 312. For (in
the language of the one-person-one-vote decisions) it would infringe
those voters’ rights to “equal [electoral] participation.” Reynolds,
377 U. S., at 566; see Gray v. Sanders, 372 U. S. 368, 379–380 (1963)
(“The concept of ‘we the people’ under the Constitution visualizes no
preferred class of voters but equality among those who meet the basic
qualifications”).



And partisan gerrymandering implicates the First
Amendment too. That Amendment gives its greatest protection to
political beliefs, speech, and association. Yet partisan gerrymanders
subject certain voters to “disfavored treatment”—again, counting their
votes for less— precisely because of “their voting history [and] their
expression of political views.” Vieth, 541 U. S., at 314 (opinion of
Kennedy, J.). And added to that strictly personal harm is an
associational one. Representative democracy is “unimaginable without
the ability of citizens to band together in [support of] candidates
who espouse their political views.” California Democratic Party v.
Jones, 530 U. S. 567, 574 (2000). By diluting the votes of certain
citizens, the State frustrates their efforts to translate those
affiliations into political effectiveness. See Gill, 585 U. S., at ___
(KAGAN, J., concurring) (slip op., at 9) (“Members of the disfavored
party[,] deprived of their natural political strength[,] may face
difficulties fundraising, registering voters, [and] eventually
accomplishing their policy objectives”). In both those ways, partisan gerrymanders
of the kind we confront here undermine the protections of “democracy
embodied in the First Amendment.” Elrod v. Burns, 427 U. S. 347, 357
(1976) (internal quotation marks omitted).







share|improve this answer

































    3














    Given this relates directly to the Supreme Court ruling, turning to the majority opinion, which covered this, sheds some light on what rights they explicitly upheld. It's also worth noting that these are directly related to Congressional redistricting:




    In two areas—one-person, one-vote and
    racial gerrymandering—this Court has held that there is a role for
    the courts with respect to at least some issues that could arise from a
    State’s drawing of congressional districts.




    So your answer is, federally and in relation to Congressional districts, two points:




    • One-person, one-vote

    • Racial gerrymandering


    They go on to clarify:




    The claim of population inequality
    among districts in Baker v. Carr, for example, could be decided under
    basic equal protection principles. 369 U. S., at 226.




    This seems to support adding a third:




    • Districts must be (approximately) equal in population.



    Racial discrimination in districting also raises constitutional issues that can be addressed by the federal courts. See Gomillion v. Lightfoot, 364 U. S.
    339, 340.




    They do contend that partisan gerrymandering is, at least in some cases, explicitly allowed:




    Partisan gerrymandering claims have proved far more difficult to adjudicate, in part because “a jurisdiction may engage in
    constitutional political gerrymandering.” Hunt v. Cromartie, 526
    U. S. 541, 551.




    Specifically:




    Partisan gerrymandering claims rest on an instinct that groups
    with a certain level of political support should enjoy a commensurate
    level of political power and influence. Such claims invariably sound
    in a desire for proportional representation, but the Constitution does
    not require proportional representation, and federal courts are neither equipped nor authorized to apportion political power as a matter
    of fairness.




    They also directly address one-person, one-vote and racial gerrymandering as it relates to political gerrymandering:




    The fact that the Court can adjudicate one-person, one-vote claims
    does not mean that partisan gerrymandering claims are justiciable.
    This Court’s one-person, one-vote cases recognize that each person is
    entitled to an equal say in the election of representatives. It hardly
    follows from that principle that a person is entitled to have his political party achieve representation commensurate to its share of
    statewide support. Vote dilution in the one-person, one-vote cases refers to the idea that each vote must carry equal weight. That requirement does not extend to political parties; it does not mean that
    each party must be influential in proportion to the number of its supporters. The racial gerrymandering cases are also inapposite: They
    call for the elimination of a racial classification, but a partisan gerrymandering claim cannot ask for the elimination of partisanship.




    I've added a link to justiciability, as it directly relates to the majority ruling. It's a complicated issue but boils down to whether the courts have authority to intervene.





    It's worth noting the dissenting opinion offers a scathing rebuke:




    The partisan
    gerrymanders in these cases deprived citizens of the most
    fundamental of their constitutional rights: the rights to
    participate equally in the political process, to join with
    others to advance political beliefs, and to choose their
    political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy,
    turning upside-down the core American idea that all
    governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in
    office as against voters’ preferences. They promoted partisanship above respect for the popular will. They encouraged a politics of polarization and dysfunction. If left
    unchecked, gerrymanders like the ones here may irreparably damage our system of government.







    share|improve this answer




























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      2 Answers
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      2 Answers
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      4














      The relevant text of the United States Constitution, article 1, section 4 reads:




      The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.




      The 14th amendment section 2 is also relevant




      ...when the right to vote at any election for the choice of electors
      for President and Vice President of the United States, Representatives
      in Congress, the Executive and Judicial officers of a State, or the
      members of the Legislature thereof, is denied to any of the male
      inhabitants of such State, being twenty-one years of age, and citizens
      of the United States, or in any way abridged, except for participation
      in rebellion, or other crime, the basis of representation therein
      shall be reduced in the proportion which the number of such male
      citizens shall bear to the whole number of male citizens twenty-one
      years of age in such State.




      So very simply, state legislatures have the power to oversee elections, but the US Congress has the power to step in when they see fit. Also everyone has the right to vote except for criminals. It says males, but, of course, it was later extended to women as well with the 19th amendment.



      In the case you're referencing, the opinions of the justices are publicly available and quite readable. One relevant section from Robert's majority opinion:




      Appellants suggest that, through the Elections Clause, the Framers set
      aside electoral issues such as the one before us as questions that
      only Congress can resolve. See Baker, 369 U. S., at 217. We do not
      agree. In two areas— one-person, one-vote and racial
      gerrymandering—our cases have held that there is a role for the courts
      with respect to at least some issues that could arise from a State’s
      drawing of congressional districts. See Wesberry v. Sanders, 376 U. S.
      1 (1964); Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I ).



      But the history is not irrelevant. The Framers were aware of electoral
      districting problems and considered what to do about them. They
      settled on a characteristic approach, assigning the issue to the state
      legislatures, expressly checked and balanced by the Federal Congress.
      As Alexander Hamilton explained, “it will . . . not be denied that a
      discretionary power over elections ought to exist somewhere. It will,
      I presume, be as readily conceded that there were only three ways in
      which this power could have been reasonably modified and disposed:
      that it must either have been lodged wholly in the national
      legislature, or wholly in the State legislatures, or primarily in the
      latter, and ultimately in the former.” The Federalist No. 59, p. 362
      (C. Rossiter ed. 1961). At no point was there a suggestion that the
      federal courts had a role to play. Nor was there any indication that
      the Framers had ever heard of courts doing such a thing.




      Here he argues that while the courts can step in clearly enumerated rights like one person one vote or racial discrimination, the courts weren't designated power to intervene in partisan political disputes over districting.



      In Kagan's dissent, she argues that the 1st and 14th amendments provide protection against partisan gerrymandering, in a somewhat more abstract way.




      Partisan gerrymandering operates through vote dilution—the devaluation
      of one citizen’s vote as compared to others. A mapmaker draws district
      lines to “pack” and “crack” voters likely to support the disfavored
      party. See generally Gill v. Whitford, 585 U. S. , __– (2018)
      (slip op., at 14–16). He packs supermajorities of those voters into a
      relatively few districts, in numbers far greater than needed for their
      preferred candidates to prevail. Then he cracks the rest across many
      more districts, spreading them so thin that their candidates will not
      be able to win. Whether the person is packed or cracked, his vote
      carries less weight—has less consequence—than it would under a
      neutrally drawn (non-partisan) map. See id., at __ (KAGAN, J.,
      concurring) (slip op., at 4). In short, the mapmaker has made some
      votes count for less, because they are likely to go for the other
      party.



      That practice implicates the Fourteenth Amendment’s Equal
      Protection Clause. The Fourteenth Amendment, we long ago recognized,
      “guarantees the opportunity for equal participation by all voters in
      the election” of legislators. Reynolds v. Sims, 377 U. S. 533, 566
      (1964). And that opportunity “can be denied by a debasement or
      dilution of the weight of a citizen’s vote just as effectively as by
      wholly prohibiting the free exercise of the franchise.” Id., at
      555. Based on that principle, this Court in its one-personone-vote decisions prohibited creating districts with significantly different
      populations. A State could not, we explained, thus “dilut[e] the
      weight of votes because of place of residence.” Id., at 566. The
      constitutional injury in a partisan gerrymandering case is much the
      same, except that the dilution is based on party affiliation. In such
      a case, too, the districters have set out to reduce the weight of
      certain citizens’ votes, and thereby deprive them of their capacity to
      “full[y] and effective[ly] participat[e] in the political process[].”
      Id., at 565. As Justice Kennedy (in a controlling opinion) once
      hypothesized: If districters declared that they were drawing a map “so
      as most to burden [the votes of] Party X’s” supporters, it would
      violate the Equal Protection Clause. Vieth, 541 U. S., at 312. For (in
      the language of the one-person-one-vote decisions) it would infringe
      those voters’ rights to “equal [electoral] participation.” Reynolds,
      377 U. S., at 566; see Gray v. Sanders, 372 U. S. 368, 379–380 (1963)
      (“The concept of ‘we the people’ under the Constitution visualizes no
      preferred class of voters but equality among those who meet the basic
      qualifications”).



      And partisan gerrymandering implicates the First
      Amendment too. That Amendment gives its greatest protection to
      political beliefs, speech, and association. Yet partisan gerrymanders
      subject certain voters to “disfavored treatment”—again, counting their
      votes for less— precisely because of “their voting history [and] their
      expression of political views.” Vieth, 541 U. S., at 314 (opinion of
      Kennedy, J.). And added to that strictly personal harm is an
      associational one. Representative democracy is “unimaginable without
      the ability of citizens to band together in [support of] candidates
      who espouse their political views.” California Democratic Party v.
      Jones, 530 U. S. 567, 574 (2000). By diluting the votes of certain
      citizens, the State frustrates their efforts to translate those
      affiliations into political effectiveness. See Gill, 585 U. S., at ___
      (KAGAN, J., concurring) (slip op., at 9) (“Members of the disfavored
      party[,] deprived of their natural political strength[,] may face
      difficulties fundraising, registering voters, [and] eventually
      accomplishing their policy objectives”). In both those ways, partisan gerrymanders
      of the kind we confront here undermine the protections of “democracy
      embodied in the First Amendment.” Elrod v. Burns, 427 U. S. 347, 357
      (1976) (internal quotation marks omitted).







      share|improve this answer






























        4














        The relevant text of the United States Constitution, article 1, section 4 reads:




        The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.




        The 14th amendment section 2 is also relevant




        ...when the right to vote at any election for the choice of electors
        for President and Vice President of the United States, Representatives
        in Congress, the Executive and Judicial officers of a State, or the
        members of the Legislature thereof, is denied to any of the male
        inhabitants of such State, being twenty-one years of age, and citizens
        of the United States, or in any way abridged, except for participation
        in rebellion, or other crime, the basis of representation therein
        shall be reduced in the proportion which the number of such male
        citizens shall bear to the whole number of male citizens twenty-one
        years of age in such State.




        So very simply, state legislatures have the power to oversee elections, but the US Congress has the power to step in when they see fit. Also everyone has the right to vote except for criminals. It says males, but, of course, it was later extended to women as well with the 19th amendment.



        In the case you're referencing, the opinions of the justices are publicly available and quite readable. One relevant section from Robert's majority opinion:




        Appellants suggest that, through the Elections Clause, the Framers set
        aside electoral issues such as the one before us as questions that
        only Congress can resolve. See Baker, 369 U. S., at 217. We do not
        agree. In two areas— one-person, one-vote and racial
        gerrymandering—our cases have held that there is a role for the courts
        with respect to at least some issues that could arise from a State’s
        drawing of congressional districts. See Wesberry v. Sanders, 376 U. S.
        1 (1964); Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I ).



        But the history is not irrelevant. The Framers were aware of electoral
        districting problems and considered what to do about them. They
        settled on a characteristic approach, assigning the issue to the state
        legislatures, expressly checked and balanced by the Federal Congress.
        As Alexander Hamilton explained, “it will . . . not be denied that a
        discretionary power over elections ought to exist somewhere. It will,
        I presume, be as readily conceded that there were only three ways in
        which this power could have been reasonably modified and disposed:
        that it must either have been lodged wholly in the national
        legislature, or wholly in the State legislatures, or primarily in the
        latter, and ultimately in the former.” The Federalist No. 59, p. 362
        (C. Rossiter ed. 1961). At no point was there a suggestion that the
        federal courts had a role to play. Nor was there any indication that
        the Framers had ever heard of courts doing such a thing.




        Here he argues that while the courts can step in clearly enumerated rights like one person one vote or racial discrimination, the courts weren't designated power to intervene in partisan political disputes over districting.



        In Kagan's dissent, she argues that the 1st and 14th amendments provide protection against partisan gerrymandering, in a somewhat more abstract way.




        Partisan gerrymandering operates through vote dilution—the devaluation
        of one citizen’s vote as compared to others. A mapmaker draws district
        lines to “pack” and “crack” voters likely to support the disfavored
        party. See generally Gill v. Whitford, 585 U. S. , __– (2018)
        (slip op., at 14–16). He packs supermajorities of those voters into a
        relatively few districts, in numbers far greater than needed for their
        preferred candidates to prevail. Then he cracks the rest across many
        more districts, spreading them so thin that their candidates will not
        be able to win. Whether the person is packed or cracked, his vote
        carries less weight—has less consequence—than it would under a
        neutrally drawn (non-partisan) map. See id., at __ (KAGAN, J.,
        concurring) (slip op., at 4). In short, the mapmaker has made some
        votes count for less, because they are likely to go for the other
        party.



        That practice implicates the Fourteenth Amendment’s Equal
        Protection Clause. The Fourteenth Amendment, we long ago recognized,
        “guarantees the opportunity for equal participation by all voters in
        the election” of legislators. Reynolds v. Sims, 377 U. S. 533, 566
        (1964). And that opportunity “can be denied by a debasement or
        dilution of the weight of a citizen’s vote just as effectively as by
        wholly prohibiting the free exercise of the franchise.” Id., at
        555. Based on that principle, this Court in its one-personone-vote decisions prohibited creating districts with significantly different
        populations. A State could not, we explained, thus “dilut[e] the
        weight of votes because of place of residence.” Id., at 566. The
        constitutional injury in a partisan gerrymandering case is much the
        same, except that the dilution is based on party affiliation. In such
        a case, too, the districters have set out to reduce the weight of
        certain citizens’ votes, and thereby deprive them of their capacity to
        “full[y] and effective[ly] participat[e] in the political process[].”
        Id., at 565. As Justice Kennedy (in a controlling opinion) once
        hypothesized: If districters declared that they were drawing a map “so
        as most to burden [the votes of] Party X’s” supporters, it would
        violate the Equal Protection Clause. Vieth, 541 U. S., at 312. For (in
        the language of the one-person-one-vote decisions) it would infringe
        those voters’ rights to “equal [electoral] participation.” Reynolds,
        377 U. S., at 566; see Gray v. Sanders, 372 U. S. 368, 379–380 (1963)
        (“The concept of ‘we the people’ under the Constitution visualizes no
        preferred class of voters but equality among those who meet the basic
        qualifications”).



        And partisan gerrymandering implicates the First
        Amendment too. That Amendment gives its greatest protection to
        political beliefs, speech, and association. Yet partisan gerrymanders
        subject certain voters to “disfavored treatment”—again, counting their
        votes for less— precisely because of “their voting history [and] their
        expression of political views.” Vieth, 541 U. S., at 314 (opinion of
        Kennedy, J.). And added to that strictly personal harm is an
        associational one. Representative democracy is “unimaginable without
        the ability of citizens to band together in [support of] candidates
        who espouse their political views.” California Democratic Party v.
        Jones, 530 U. S. 567, 574 (2000). By diluting the votes of certain
        citizens, the State frustrates their efforts to translate those
        affiliations into political effectiveness. See Gill, 585 U. S., at ___
        (KAGAN, J., concurring) (slip op., at 9) (“Members of the disfavored
        party[,] deprived of their natural political strength[,] may face
        difficulties fundraising, registering voters, [and] eventually
        accomplishing their policy objectives”). In both those ways, partisan gerrymanders
        of the kind we confront here undermine the protections of “democracy
        embodied in the First Amendment.” Elrod v. Burns, 427 U. S. 347, 357
        (1976) (internal quotation marks omitted).







        share|improve this answer




























          4












          4








          4







          The relevant text of the United States Constitution, article 1, section 4 reads:




          The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.




          The 14th amendment section 2 is also relevant




          ...when the right to vote at any election for the choice of electors
          for President and Vice President of the United States, Representatives
          in Congress, the Executive and Judicial officers of a State, or the
          members of the Legislature thereof, is denied to any of the male
          inhabitants of such State, being twenty-one years of age, and citizens
          of the United States, or in any way abridged, except for participation
          in rebellion, or other crime, the basis of representation therein
          shall be reduced in the proportion which the number of such male
          citizens shall bear to the whole number of male citizens twenty-one
          years of age in such State.




          So very simply, state legislatures have the power to oversee elections, but the US Congress has the power to step in when they see fit. Also everyone has the right to vote except for criminals. It says males, but, of course, it was later extended to women as well with the 19th amendment.



          In the case you're referencing, the opinions of the justices are publicly available and quite readable. One relevant section from Robert's majority opinion:




          Appellants suggest that, through the Elections Clause, the Framers set
          aside electoral issues such as the one before us as questions that
          only Congress can resolve. See Baker, 369 U. S., at 217. We do not
          agree. In two areas— one-person, one-vote and racial
          gerrymandering—our cases have held that there is a role for the courts
          with respect to at least some issues that could arise from a State’s
          drawing of congressional districts. See Wesberry v. Sanders, 376 U. S.
          1 (1964); Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I ).



          But the history is not irrelevant. The Framers were aware of electoral
          districting problems and considered what to do about them. They
          settled on a characteristic approach, assigning the issue to the state
          legislatures, expressly checked and balanced by the Federal Congress.
          As Alexander Hamilton explained, “it will . . . not be denied that a
          discretionary power over elections ought to exist somewhere. It will,
          I presume, be as readily conceded that there were only three ways in
          which this power could have been reasonably modified and disposed:
          that it must either have been lodged wholly in the national
          legislature, or wholly in the State legislatures, or primarily in the
          latter, and ultimately in the former.” The Federalist No. 59, p. 362
          (C. Rossiter ed. 1961). At no point was there a suggestion that the
          federal courts had a role to play. Nor was there any indication that
          the Framers had ever heard of courts doing such a thing.




          Here he argues that while the courts can step in clearly enumerated rights like one person one vote or racial discrimination, the courts weren't designated power to intervene in partisan political disputes over districting.



          In Kagan's dissent, she argues that the 1st and 14th amendments provide protection against partisan gerrymandering, in a somewhat more abstract way.




          Partisan gerrymandering operates through vote dilution—the devaluation
          of one citizen’s vote as compared to others. A mapmaker draws district
          lines to “pack” and “crack” voters likely to support the disfavored
          party. See generally Gill v. Whitford, 585 U. S. , __– (2018)
          (slip op., at 14–16). He packs supermajorities of those voters into a
          relatively few districts, in numbers far greater than needed for their
          preferred candidates to prevail. Then he cracks the rest across many
          more districts, spreading them so thin that their candidates will not
          be able to win. Whether the person is packed or cracked, his vote
          carries less weight—has less consequence—than it would under a
          neutrally drawn (non-partisan) map. See id., at __ (KAGAN, J.,
          concurring) (slip op., at 4). In short, the mapmaker has made some
          votes count for less, because they are likely to go for the other
          party.



          That practice implicates the Fourteenth Amendment’s Equal
          Protection Clause. The Fourteenth Amendment, we long ago recognized,
          “guarantees the opportunity for equal participation by all voters in
          the election” of legislators. Reynolds v. Sims, 377 U. S. 533, 566
          (1964). And that opportunity “can be denied by a debasement or
          dilution of the weight of a citizen’s vote just as effectively as by
          wholly prohibiting the free exercise of the franchise.” Id., at
          555. Based on that principle, this Court in its one-personone-vote decisions prohibited creating districts with significantly different
          populations. A State could not, we explained, thus “dilut[e] the
          weight of votes because of place of residence.” Id., at 566. The
          constitutional injury in a partisan gerrymandering case is much the
          same, except that the dilution is based on party affiliation. In such
          a case, too, the districters have set out to reduce the weight of
          certain citizens’ votes, and thereby deprive them of their capacity to
          “full[y] and effective[ly] participat[e] in the political process[].”
          Id., at 565. As Justice Kennedy (in a controlling opinion) once
          hypothesized: If districters declared that they were drawing a map “so
          as most to burden [the votes of] Party X’s” supporters, it would
          violate the Equal Protection Clause. Vieth, 541 U. S., at 312. For (in
          the language of the one-person-one-vote decisions) it would infringe
          those voters’ rights to “equal [electoral] participation.” Reynolds,
          377 U. S., at 566; see Gray v. Sanders, 372 U. S. 368, 379–380 (1963)
          (“The concept of ‘we the people’ under the Constitution visualizes no
          preferred class of voters but equality among those who meet the basic
          qualifications”).



          And partisan gerrymandering implicates the First
          Amendment too. That Amendment gives its greatest protection to
          political beliefs, speech, and association. Yet partisan gerrymanders
          subject certain voters to “disfavored treatment”—again, counting their
          votes for less— precisely because of “their voting history [and] their
          expression of political views.” Vieth, 541 U. S., at 314 (opinion of
          Kennedy, J.). And added to that strictly personal harm is an
          associational one. Representative democracy is “unimaginable without
          the ability of citizens to band together in [support of] candidates
          who espouse their political views.” California Democratic Party v.
          Jones, 530 U. S. 567, 574 (2000). By diluting the votes of certain
          citizens, the State frustrates their efforts to translate those
          affiliations into political effectiveness. See Gill, 585 U. S., at ___
          (KAGAN, J., concurring) (slip op., at 9) (“Members of the disfavored
          party[,] deprived of their natural political strength[,] may face
          difficulties fundraising, registering voters, [and] eventually
          accomplishing their policy objectives”). In both those ways, partisan gerrymanders
          of the kind we confront here undermine the protections of “democracy
          embodied in the First Amendment.” Elrod v. Burns, 427 U. S. 347, 357
          (1976) (internal quotation marks omitted).







          share|improve this answer















          The relevant text of the United States Constitution, article 1, section 4 reads:




          The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.




          The 14th amendment section 2 is also relevant




          ...when the right to vote at any election for the choice of electors
          for President and Vice President of the United States, Representatives
          in Congress, the Executive and Judicial officers of a State, or the
          members of the Legislature thereof, is denied to any of the male
          inhabitants of such State, being twenty-one years of age, and citizens
          of the United States, or in any way abridged, except for participation
          in rebellion, or other crime, the basis of representation therein
          shall be reduced in the proportion which the number of such male
          citizens shall bear to the whole number of male citizens twenty-one
          years of age in such State.




          So very simply, state legislatures have the power to oversee elections, but the US Congress has the power to step in when they see fit. Also everyone has the right to vote except for criminals. It says males, but, of course, it was later extended to women as well with the 19th amendment.



          In the case you're referencing, the opinions of the justices are publicly available and quite readable. One relevant section from Robert's majority opinion:




          Appellants suggest that, through the Elections Clause, the Framers set
          aside electoral issues such as the one before us as questions that
          only Congress can resolve. See Baker, 369 U. S., at 217. We do not
          agree. In two areas— one-person, one-vote and racial
          gerrymandering—our cases have held that there is a role for the courts
          with respect to at least some issues that could arise from a State’s
          drawing of congressional districts. See Wesberry v. Sanders, 376 U. S.
          1 (1964); Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I ).



          But the history is not irrelevant. The Framers were aware of electoral
          districting problems and considered what to do about them. They
          settled on a characteristic approach, assigning the issue to the state
          legislatures, expressly checked and balanced by the Federal Congress.
          As Alexander Hamilton explained, “it will . . . not be denied that a
          discretionary power over elections ought to exist somewhere. It will,
          I presume, be as readily conceded that there were only three ways in
          which this power could have been reasonably modified and disposed:
          that it must either have been lodged wholly in the national
          legislature, or wholly in the State legislatures, or primarily in the
          latter, and ultimately in the former.” The Federalist No. 59, p. 362
          (C. Rossiter ed. 1961). At no point was there a suggestion that the
          federal courts had a role to play. Nor was there any indication that
          the Framers had ever heard of courts doing such a thing.




          Here he argues that while the courts can step in clearly enumerated rights like one person one vote or racial discrimination, the courts weren't designated power to intervene in partisan political disputes over districting.



          In Kagan's dissent, she argues that the 1st and 14th amendments provide protection against partisan gerrymandering, in a somewhat more abstract way.




          Partisan gerrymandering operates through vote dilution—the devaluation
          of one citizen’s vote as compared to others. A mapmaker draws district
          lines to “pack” and “crack” voters likely to support the disfavored
          party. See generally Gill v. Whitford, 585 U. S. , __– (2018)
          (slip op., at 14–16). He packs supermajorities of those voters into a
          relatively few districts, in numbers far greater than needed for their
          preferred candidates to prevail. Then he cracks the rest across many
          more districts, spreading them so thin that their candidates will not
          be able to win. Whether the person is packed or cracked, his vote
          carries less weight—has less consequence—than it would under a
          neutrally drawn (non-partisan) map. See id., at __ (KAGAN, J.,
          concurring) (slip op., at 4). In short, the mapmaker has made some
          votes count for less, because they are likely to go for the other
          party.



          That practice implicates the Fourteenth Amendment’s Equal
          Protection Clause. The Fourteenth Amendment, we long ago recognized,
          “guarantees the opportunity for equal participation by all voters in
          the election” of legislators. Reynolds v. Sims, 377 U. S. 533, 566
          (1964). And that opportunity “can be denied by a debasement or
          dilution of the weight of a citizen’s vote just as effectively as by
          wholly prohibiting the free exercise of the franchise.” Id., at
          555. Based on that principle, this Court in its one-personone-vote decisions prohibited creating districts with significantly different
          populations. A State could not, we explained, thus “dilut[e] the
          weight of votes because of place of residence.” Id., at 566. The
          constitutional injury in a partisan gerrymandering case is much the
          same, except that the dilution is based on party affiliation. In such
          a case, too, the districters have set out to reduce the weight of
          certain citizens’ votes, and thereby deprive them of their capacity to
          “full[y] and effective[ly] participat[e] in the political process[].”
          Id., at 565. As Justice Kennedy (in a controlling opinion) once
          hypothesized: If districters declared that they were drawing a map “so
          as most to burden [the votes of] Party X’s” supporters, it would
          violate the Equal Protection Clause. Vieth, 541 U. S., at 312. For (in
          the language of the one-person-one-vote decisions) it would infringe
          those voters’ rights to “equal [electoral] participation.” Reynolds,
          377 U. S., at 566; see Gray v. Sanders, 372 U. S. 368, 379–380 (1963)
          (“The concept of ‘we the people’ under the Constitution visualizes no
          preferred class of voters but equality among those who meet the basic
          qualifications”).



          And partisan gerrymandering implicates the First
          Amendment too. That Amendment gives its greatest protection to
          political beliefs, speech, and association. Yet partisan gerrymanders
          subject certain voters to “disfavored treatment”—again, counting their
          votes for less— precisely because of “their voting history [and] their
          expression of political views.” Vieth, 541 U. S., at 314 (opinion of
          Kennedy, J.). And added to that strictly personal harm is an
          associational one. Representative democracy is “unimaginable without
          the ability of citizens to band together in [support of] candidates
          who espouse their political views.” California Democratic Party v.
          Jones, 530 U. S. 567, 574 (2000). By diluting the votes of certain
          citizens, the State frustrates their efforts to translate those
          affiliations into political effectiveness. See Gill, 585 U. S., at ___
          (KAGAN, J., concurring) (slip op., at 9) (“Members of the disfavored
          party[,] deprived of their natural political strength[,] may face
          difficulties fundraising, registering voters, [and] eventually
          accomplishing their policy objectives”). In both those ways, partisan gerrymanders
          of the kind we confront here undermine the protections of “democracy
          embodied in the First Amendment.” Elrod v. Burns, 427 U. S. 347, 357
          (1976) (internal quotation marks omitted).








          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited 6 hours ago

























          answered 6 hours ago









          lazarusLlazarusL

          7,8333 gold badges24 silver badges57 bronze badges




          7,8333 gold badges24 silver badges57 bronze badges

























              3














              Given this relates directly to the Supreme Court ruling, turning to the majority opinion, which covered this, sheds some light on what rights they explicitly upheld. It's also worth noting that these are directly related to Congressional redistricting:




              In two areas—one-person, one-vote and
              racial gerrymandering—this Court has held that there is a role for
              the courts with respect to at least some issues that could arise from a
              State’s drawing of congressional districts.




              So your answer is, federally and in relation to Congressional districts, two points:




              • One-person, one-vote

              • Racial gerrymandering


              They go on to clarify:




              The claim of population inequality
              among districts in Baker v. Carr, for example, could be decided under
              basic equal protection principles. 369 U. S., at 226.




              This seems to support adding a third:




              • Districts must be (approximately) equal in population.



              Racial discrimination in districting also raises constitutional issues that can be addressed by the federal courts. See Gomillion v. Lightfoot, 364 U. S.
              339, 340.




              They do contend that partisan gerrymandering is, at least in some cases, explicitly allowed:




              Partisan gerrymandering claims have proved far more difficult to adjudicate, in part because “a jurisdiction may engage in
              constitutional political gerrymandering.” Hunt v. Cromartie, 526
              U. S. 541, 551.




              Specifically:




              Partisan gerrymandering claims rest on an instinct that groups
              with a certain level of political support should enjoy a commensurate
              level of political power and influence. Such claims invariably sound
              in a desire for proportional representation, but the Constitution does
              not require proportional representation, and federal courts are neither equipped nor authorized to apportion political power as a matter
              of fairness.




              They also directly address one-person, one-vote and racial gerrymandering as it relates to political gerrymandering:




              The fact that the Court can adjudicate one-person, one-vote claims
              does not mean that partisan gerrymandering claims are justiciable.
              This Court’s one-person, one-vote cases recognize that each person is
              entitled to an equal say in the election of representatives. It hardly
              follows from that principle that a person is entitled to have his political party achieve representation commensurate to its share of
              statewide support. Vote dilution in the one-person, one-vote cases refers to the idea that each vote must carry equal weight. That requirement does not extend to political parties; it does not mean that
              each party must be influential in proportion to the number of its supporters. The racial gerrymandering cases are also inapposite: They
              call for the elimination of a racial classification, but a partisan gerrymandering claim cannot ask for the elimination of partisanship.




              I've added a link to justiciability, as it directly relates to the majority ruling. It's a complicated issue but boils down to whether the courts have authority to intervene.





              It's worth noting the dissenting opinion offers a scathing rebuke:




              The partisan
              gerrymanders in these cases deprived citizens of the most
              fundamental of their constitutional rights: the rights to
              participate equally in the political process, to join with
              others to advance political beliefs, and to choose their
              political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy,
              turning upside-down the core American idea that all
              governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in
              office as against voters’ preferences. They promoted partisanship above respect for the popular will. They encouraged a politics of polarization and dysfunction. If left
              unchecked, gerrymanders like the ones here may irreparably damage our system of government.







              share|improve this answer






























                3














                Given this relates directly to the Supreme Court ruling, turning to the majority opinion, which covered this, sheds some light on what rights they explicitly upheld. It's also worth noting that these are directly related to Congressional redistricting:




                In two areas—one-person, one-vote and
                racial gerrymandering—this Court has held that there is a role for
                the courts with respect to at least some issues that could arise from a
                State’s drawing of congressional districts.




                So your answer is, federally and in relation to Congressional districts, two points:




                • One-person, one-vote

                • Racial gerrymandering


                They go on to clarify:




                The claim of population inequality
                among districts in Baker v. Carr, for example, could be decided under
                basic equal protection principles. 369 U. S., at 226.




                This seems to support adding a third:




                • Districts must be (approximately) equal in population.



                Racial discrimination in districting also raises constitutional issues that can be addressed by the federal courts. See Gomillion v. Lightfoot, 364 U. S.
                339, 340.




                They do contend that partisan gerrymandering is, at least in some cases, explicitly allowed:




                Partisan gerrymandering claims have proved far more difficult to adjudicate, in part because “a jurisdiction may engage in
                constitutional political gerrymandering.” Hunt v. Cromartie, 526
                U. S. 541, 551.




                Specifically:




                Partisan gerrymandering claims rest on an instinct that groups
                with a certain level of political support should enjoy a commensurate
                level of political power and influence. Such claims invariably sound
                in a desire for proportional representation, but the Constitution does
                not require proportional representation, and federal courts are neither equipped nor authorized to apportion political power as a matter
                of fairness.




                They also directly address one-person, one-vote and racial gerrymandering as it relates to political gerrymandering:




                The fact that the Court can adjudicate one-person, one-vote claims
                does not mean that partisan gerrymandering claims are justiciable.
                This Court’s one-person, one-vote cases recognize that each person is
                entitled to an equal say in the election of representatives. It hardly
                follows from that principle that a person is entitled to have his political party achieve representation commensurate to its share of
                statewide support. Vote dilution in the one-person, one-vote cases refers to the idea that each vote must carry equal weight. That requirement does not extend to political parties; it does not mean that
                each party must be influential in proportion to the number of its supporters. The racial gerrymandering cases are also inapposite: They
                call for the elimination of a racial classification, but a partisan gerrymandering claim cannot ask for the elimination of partisanship.




                I've added a link to justiciability, as it directly relates to the majority ruling. It's a complicated issue but boils down to whether the courts have authority to intervene.





                It's worth noting the dissenting opinion offers a scathing rebuke:




                The partisan
                gerrymanders in these cases deprived citizens of the most
                fundamental of their constitutional rights: the rights to
                participate equally in the political process, to join with
                others to advance political beliefs, and to choose their
                political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy,
                turning upside-down the core American idea that all
                governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in
                office as against voters’ preferences. They promoted partisanship above respect for the popular will. They encouraged a politics of polarization and dysfunction. If left
                unchecked, gerrymanders like the ones here may irreparably damage our system of government.







                share|improve this answer




























                  3












                  3








                  3







                  Given this relates directly to the Supreme Court ruling, turning to the majority opinion, which covered this, sheds some light on what rights they explicitly upheld. It's also worth noting that these are directly related to Congressional redistricting:




                  In two areas—one-person, one-vote and
                  racial gerrymandering—this Court has held that there is a role for
                  the courts with respect to at least some issues that could arise from a
                  State’s drawing of congressional districts.




                  So your answer is, federally and in relation to Congressional districts, two points:




                  • One-person, one-vote

                  • Racial gerrymandering


                  They go on to clarify:




                  The claim of population inequality
                  among districts in Baker v. Carr, for example, could be decided under
                  basic equal protection principles. 369 U. S., at 226.




                  This seems to support adding a third:




                  • Districts must be (approximately) equal in population.



                  Racial discrimination in districting also raises constitutional issues that can be addressed by the federal courts. See Gomillion v. Lightfoot, 364 U. S.
                  339, 340.




                  They do contend that partisan gerrymandering is, at least in some cases, explicitly allowed:




                  Partisan gerrymandering claims have proved far more difficult to adjudicate, in part because “a jurisdiction may engage in
                  constitutional political gerrymandering.” Hunt v. Cromartie, 526
                  U. S. 541, 551.




                  Specifically:




                  Partisan gerrymandering claims rest on an instinct that groups
                  with a certain level of political support should enjoy a commensurate
                  level of political power and influence. Such claims invariably sound
                  in a desire for proportional representation, but the Constitution does
                  not require proportional representation, and federal courts are neither equipped nor authorized to apportion political power as a matter
                  of fairness.




                  They also directly address one-person, one-vote and racial gerrymandering as it relates to political gerrymandering:




                  The fact that the Court can adjudicate one-person, one-vote claims
                  does not mean that partisan gerrymandering claims are justiciable.
                  This Court’s one-person, one-vote cases recognize that each person is
                  entitled to an equal say in the election of representatives. It hardly
                  follows from that principle that a person is entitled to have his political party achieve representation commensurate to its share of
                  statewide support. Vote dilution in the one-person, one-vote cases refers to the idea that each vote must carry equal weight. That requirement does not extend to political parties; it does not mean that
                  each party must be influential in proportion to the number of its supporters. The racial gerrymandering cases are also inapposite: They
                  call for the elimination of a racial classification, but a partisan gerrymandering claim cannot ask for the elimination of partisanship.




                  I've added a link to justiciability, as it directly relates to the majority ruling. It's a complicated issue but boils down to whether the courts have authority to intervene.





                  It's worth noting the dissenting opinion offers a scathing rebuke:




                  The partisan
                  gerrymanders in these cases deprived citizens of the most
                  fundamental of their constitutional rights: the rights to
                  participate equally in the political process, to join with
                  others to advance political beliefs, and to choose their
                  political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy,
                  turning upside-down the core American idea that all
                  governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in
                  office as against voters’ preferences. They promoted partisanship above respect for the popular will. They encouraged a politics of polarization and dysfunction. If left
                  unchecked, gerrymanders like the ones here may irreparably damage our system of government.







                  share|improve this answer















                  Given this relates directly to the Supreme Court ruling, turning to the majority opinion, which covered this, sheds some light on what rights they explicitly upheld. It's also worth noting that these are directly related to Congressional redistricting:




                  In two areas—one-person, one-vote and
                  racial gerrymandering—this Court has held that there is a role for
                  the courts with respect to at least some issues that could arise from a
                  State’s drawing of congressional districts.




                  So your answer is, federally and in relation to Congressional districts, two points:




                  • One-person, one-vote

                  • Racial gerrymandering


                  They go on to clarify:




                  The claim of population inequality
                  among districts in Baker v. Carr, for example, could be decided under
                  basic equal protection principles. 369 U. S., at 226.




                  This seems to support adding a third:




                  • Districts must be (approximately) equal in population.



                  Racial discrimination in districting also raises constitutional issues that can be addressed by the federal courts. See Gomillion v. Lightfoot, 364 U. S.
                  339, 340.




                  They do contend that partisan gerrymandering is, at least in some cases, explicitly allowed:




                  Partisan gerrymandering claims have proved far more difficult to adjudicate, in part because “a jurisdiction may engage in
                  constitutional political gerrymandering.” Hunt v. Cromartie, 526
                  U. S. 541, 551.




                  Specifically:




                  Partisan gerrymandering claims rest on an instinct that groups
                  with a certain level of political support should enjoy a commensurate
                  level of political power and influence. Such claims invariably sound
                  in a desire for proportional representation, but the Constitution does
                  not require proportional representation, and federal courts are neither equipped nor authorized to apportion political power as a matter
                  of fairness.




                  They also directly address one-person, one-vote and racial gerrymandering as it relates to political gerrymandering:




                  The fact that the Court can adjudicate one-person, one-vote claims
                  does not mean that partisan gerrymandering claims are justiciable.
                  This Court’s one-person, one-vote cases recognize that each person is
                  entitled to an equal say in the election of representatives. It hardly
                  follows from that principle that a person is entitled to have his political party achieve representation commensurate to its share of
                  statewide support. Vote dilution in the one-person, one-vote cases refers to the idea that each vote must carry equal weight. That requirement does not extend to political parties; it does not mean that
                  each party must be influential in proportion to the number of its supporters. The racial gerrymandering cases are also inapposite: They
                  call for the elimination of a racial classification, but a partisan gerrymandering claim cannot ask for the elimination of partisanship.




                  I've added a link to justiciability, as it directly relates to the majority ruling. It's a complicated issue but boils down to whether the courts have authority to intervene.





                  It's worth noting the dissenting opinion offers a scathing rebuke:




                  The partisan
                  gerrymanders in these cases deprived citizens of the most
                  fundamental of their constitutional rights: the rights to
                  participate equally in the political process, to join with
                  others to advance political beliefs, and to choose their
                  political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy,
                  turning upside-down the core American idea that all
                  governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in
                  office as against voters’ preferences. They promoted partisanship above respect for the popular will. They encouraged a politics of polarization and dysfunction. If left
                  unchecked, gerrymanders like the ones here may irreparably damage our system of government.








                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited 6 hours ago

























                  answered 6 hours ago









                  TemporalWolfTemporalWolf

                  1,1695 silver badges9 bronze badges




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