martybegan
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- Apr 5, 2010
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Some claim this could imperil the Hispanic vote. From what I can make out of their claim it has to do with making districts based upon total population instead of number of eligible voters.
Counting everyone and not just eligible voters magnifies the electoral influence of locales, typically urban, with sizable populations of people not eligible to vote, including legal and illegal immigrants as well as children.
And the two plaintiffs (probably pawns of progressive lawyers) claim the law violates “one person, one vote” ruling.
I'm confused. How does a redistricting plan have anything to do with this ruling? Is it going to allow individuals to vote more than once? Anyhow, the full story is @ Hispanic voter clout imperiled by Texas case before U.S. Supreme Court - One America News Network
The plaintiffs are conservatives. And their case most certainly is not a progressive plot.
In a nutshell, these people want districts to be drawn by number of eligible voters, because counting children and illegal aliens would give extra voting power to urban and more liberal communities. By making eligible voters the new criteria, instead of total population, urban/liberal regions would end up with reduced legislative representation. Of course, that's not the excuse they've brought to court. The plaintiffs claim that the 'one person-one vote' principle requires is violated when regions are districted by population, because some of the population doesn't vote or can't vote.
Liberals are complaining that it's a move that's only designed to diminish the representation power of minorities, particularly Hispanics. And they are right. However, they're also complaining about the wrong things. The plaintiffs are making a bullshit claim, and the argument against their case should be about the fact that the constitution demands apportionment based on population, and that never in the long history of restricted voting rights in this country has the constitution been interpreted to mean population of eligible voters; it has always been the full and total population.
I think they are angling for it under "equal protection under the law", the phrase the progressives often run to when they want a court to fight their battle for them. What they seem to be arguing is if you take a district of all eligible voters, say 100, and a district with 100 eligible voters, but 200 people, and you apportion legislative power based on population, those 100 voters in the non-voter containing district's votes outweigh the other districts votes.
Yeah, kinda. Except that it's more about the districts having unequal numbers of voters. Think of it more as taking one urban district and dividing it up into four voting districts based on its population. Those districts turn out to be liberal districts where the voters elect Democrats. But each of the four districts has relatively few eligible voters. So those voters have a greater voice in the legislature, according to the plaintiffs' argument. They want those four districts to be combined to one district.
The problem is that nothing in the constitution requires all voting districts to have an equal number of voters. And in fact, apportioning districts to the states makes it effectively impossible to create districts that will all have an equal number of voters. It should be pointed out that this case does not refer to districting for federal Congress. It has to do with state districting. The plaintiffs are trying to invoke Supreme Court precedents to create an alleged federal question that might apply to state matters. But, they will fail because the federal examples which most relevant make the plaintiff's claims absurd to the highest.
Actually when it comes to the States, geography was seen as a problem when it came to "one person, one vote.
The NYC Board of Estimates was ruled unconstitutional, on violating "one man one vote".
New York City Board of Estimate - Wikipedia, the free encyclopedia
In 1989, the Supreme Court of the United States declared in Board of Estimate of City of New York v. Morris that the Board of Estimate was unconstitutional on the grounds that the city's most populous borough (Brooklyn) had no greater effective representation on the board than the city's least populous borough (Staten Island), this arrangement being a violation of the Fourteenth Amendment'sEqual Protection Clause pursuant to the high court's 1964 "one man, one vote" decision (Reynolds v. Sims). [2]
While these cases still dealt with population instead of eligible voters, the concepts seem similar.