Should California Voters Vote to Redraw District Lines and Fight Texas's Aggressive Tactics with Fire?
What, precisely, is the purpose of the U.S. Congress? In the second presidency of Donald Trump, it can be hard to tell. The power to initiate armed conflict, traditionally viewed as a crucial legislative power, has become a murky right of the executive branch in the years since the 9/11 attacks; the president, in the past few months, has claimed even more of that power for his administration, authorizing strikes on boats in the Caribbean.
The power of the purse appears to be largely been stripped from the legislative branch as well; now, under the office of budget chief, Russell Vought, a great deal of the ability to allocate government money has also defaulted to the executive, with the administration asserting the authority to abort congressionally authorized expenditures and attempting to redirect the funds elsewhere. It’s not like they’re passing any legislation, either; virtually all legislation must currently be packed into budget reconciliation bills, massive recurring must-spend comprehensive bills that can circumvent the senate obstruction. But when these don’t pass – and increasingly, they do not – the federal government just ceases operations. At least, large sections of the administration shut down – and it’s not clear how many citizens notice. Currently, the federal government has been closed for the entire month; there are little indication of it reopening in the near future. But the presidency keeps on humming along.
And so the issue of dominance of the House and Senate can appear rather irrelevant. Why should Americans care who has a controlling share in a institution that has largely rendered itself powerless?
How ‘oppose the president’ messaging could assist the state of California’s Proposition 50 prevail
And yet Proposition 50, California’s ballot measure on district boundaries that could deliver five additional House seats to the Democrats if it is embraced by voters in a special election in the coming weeks, has captured the political imagination of progressives nationwide. Partly, it is a delayed response to developments occurring elsewhere: GOP-led states have long adopted dramatic partisan gerrymandering while large blue states such as the Golden State, the Empire State and the Evergreen State draw their district lines via impartial redistricting panels, an imbalance that has led to closely divided control of the House and a long-term sense, by the left, that their political group is at a disadvantage. The California proposal is explicitly intended as a countermove to a mid-decade redistricting that was recently approved in Texas, which implemented boundaries that will provide the GOP an five more seats in the state congressional delegation in the upcoming term; similar redistricting moves are under way in states such as Missouri and the Hoosier State. (The left in Virginia are likewise emulating the state’s lead in seeking to redistrict.)
The California initiative seems likely to pass, as progressive electorate respond with concern and frustration to Trump’s autocratic centralization of power and seek ways to restrain his most extreme impulses. But the proposition is not without controversy. Some opponents caution that the action could have unintended consequences, with Democratic-controlled states’ efforts to change districts setting off a retaliatory cycle in which red states do even more to draw their districts so as to eliminate any possibility of opposition party success. Different critics have questioned the measure on more purely principled pro-democracy grounds: a district that is created in such a way that the result of the election is not in question, they say, is one that cannot be said to be truly democratic: it means, necessarily, that the influence of dissenting voices is muted, and that the procedure of debate, discussion and convincing that is meant to characterize a functioning democratic process will be limited only to party primaries, if it occurs at all.
It is valuable taking each of these criticisms on their own terms. The first critique, that the measure will provoke conservatives to redraw their own maps in retaliation, does not hold up as a logical argument: it does not make sense to claim that Republicans will be compelled to behave in undemocratic ways by the left’s measures when they are already engaging in such behavior without those actions. The GOP, I would observe, has required no any incentive of retaliation to redraw boundaries that secure long-term seats for their party: they have been ready to do this for its own sake, in the total lack of similar actions by the left, for a long time.
The second critique, I think, is more substantive, expressing not just a strategic difference about how to confront the Republicans’ undemocratic turn, but a sort of melancholic desire for a distinct nation than the one that the US has become. It is accurate that in a more ideal situation – in the world that most Democrats, I think, desire and aspire to – the proposition would be distasteful to our principles, and not required by our situation. It is undesirable to pack and crack targeted demographics; it is harmful for elected officials to choose their constituents, instead of the other way around; it is not good that elections are rendered noncompetitive. That these actions have become necessary in order to slow the autocratic advance of the president’s power and reduce the level of harm he is able to inflict is sad; it is a sign of how far we have declined from a state more like a democracy. But they are necessary. It is only once the battle against the current administration’s ideology has been successfully concluded that we can mourn what fighting it has made us.
If Congress fails to in reality have lawmaking, military or budgetary power, what is it, precisely, that the proposition’s additional five blue representatives will be dispatched to Washington to do? One aspect that Congress continues to retains is subpoena power, and the ability to investigate. Even in our time of sclerotic government and congressional atrophy, it has made use of that authority to significant impact. In 2027, if the measure passes and California’s additional Democrats are sworn in, they will find themselves a part of a body with the power to investigate Trump, to broadcast their hearings into his conduct and to force members of his inner circle to testify. It’s significant, and more importantly, it’s not something that any Republican would do.
The columnist is a Guardian US columnist