The word a couple of weeks ago was that DC GOPers were less than thrilled at CA Gov. Arnold Schwarzennegar’s redistricting reform ballot initiative, on grounds that the current system nationally is helping keep Republicans in charge, and they’d just as soon leave things as they are.Well, the odds of letting sleeping dogs lie on this subject just went way down, as Republican legislators in my poor home state of Georgia started a re-redistricting of Congressional Districts aimed at zapping a couple of Democratic incumbents. Their model, of course, is the Great Texas Power Grab of 2003, the re-redistricting engineered by Tom DeLay which ultimately produced a net gain of five House seats for the GOP, reversing what would have otherwise been a loss of seats in 2004 (Republicans in Colorado tried the same stunt, but were overruled by the courts citing a state constitutional provision limiting redistricting to once a decade). But in a way, the Georgia gambit is worse. In Texas, the fig-leaf justifications for the Power Grab were that (a) the Dem majority in the House delegation did not reflect recent partisan results in statewide elections, and (b) the map they were throwing out was drawn by judges, not legislators. In Georgia, (a) the current 7-6 GOP advantage in House districts is a pretty fair reflection of recent election results, and (b) the map they are throwing out was duly drawn by the legislature, signed by the Governor, pre-cleared by the Bush Justice Department, and upheld by the courts. In other words, the Georgia Republicans are undertaking this outrage, well, because they can. The new GOPer map is apparently aimed at snuffing two white Democratic House members, Jim Marshall, who represents a central-west central GA district, and John Barrow, who just beat a Republican incumbent to represent the Athens-Augusta-Savannah district. They aren’t going after the state’s four African-American House Members (John Lewis, Cynthia McKinney, David Scott, and Sanford Bishop) because that would raise an unmistakable Voting Right Act issue. But in any event, the GA Power Grab may wind up biting the national GOP in the butt. News of the latest Power Grab led (according to the subscription-only Roll Call newspaper) House Democratic Whip Steny Hoyer to put in a few phone calls to Democrats in the three states where their party has taken over total control of the executive and legislative branches since the regular redistricting cycle prior to 2002: Illinois, New Mexico, and Louisiana. Illinois is a potentially ripe target for a retaliatory re-redistricting, since GOPers hold nine seats, and because the new chairman of the DCCC, Rahm Emanuel, is from that state. Moreover, one of the Illinois Republicans who could find himself in sudden trouble is a guy named Dennis Hastert. Personally, I hate all this re-redistricting crap, and the whole system of partisan and incumbent-protection gerrymandering that has reduced the People’s House of Congress to a vast rotten borough where politicians choose voters rather than the other way around. But if Republicans continue to game the system, they can’t complain if Democrats retaliate where they can, and maybe the whole spectacle can build support for a truly national drive for comprehensive redistricting reform. Maybe those Georgia Republican jokers will smell the coffee and call off the dogs before their own party’s House speaker finds himself hunted as well.
TDS Strategy Memos
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By Ed Kilgore
I ran across a quote from Kyrsten Sinema this week that made me angry, so I vented my spleen at New York.
In a cloying little exchange of pleasantries before Arizona senator Kyrsten Sinema spoke from the podium of Mitch McConnell’s eponymous center at the University of Louisville on Monday, the Senate Republican leader called the Democrat “the most effective first-term senator” he’d ever seen. McConnell was probably being sincere given Sinema’s role, along with Joe Manchin, in saving the filibuster, the chief tool in the GOP’s obstructionist bag of tricks. He could have called her a “one-term senator” since her demise in 2024 seems all but certain after she alienated as many Arizona Democrats as she could, but that wouldn’t have been gracious. Instead, he went on to give her the highest token of his esteem, calling her a “deal-maker.”
For her part, Sinema noted that she and McConnell share a “respect for the Senate as an institution,” a statement she reinforced by calling for the restoration of 60-vote thresholds for executive and judicial-branch confirmations in the upper chamber, which were abolished by serial Democratic and Republican majorities in 2013 and 2017, respectively. Sinema is, you see, an old-school respecter of the Senate, which makes me sick to my stomach.
Anyone who spends time around the Senate (I worked there in the late 1980s and early 1990s and with Senate offices for years before and after that) is aware of the extremely high regard in which senators hold themselves “as an institution.” They don’t publicly bash House members as petty-minded, party-bossed parochial Lilliputians who have to spend all their time running for reelection. But the unstated though very real mutual disdain of the two congressional chambers is deeply rooted in the Senate’s distinctive constitutional role as an anti-democratic redoubt of entrenched privilege.
This is nowhere more apparent than in Sinema’s beloved filibuster, which in its most recent incarnation has made supermajorities a requirement for even routine legislation. But lest we forget, even if the filibuster went away, the Senate’s grant of equal power to all 50 states is profoundly undemocratic. The states themselves are not allowed to get away with such a gross misappropriation of legislative power. In the 1964 decision in Reynolds v. Sims, the U.S. Supreme Court held that, under the Equal Protection Act of the 14th Amendment, state legislatures had to respect the principal of “one person, one vote,” with seats in the upper as well as lower chambers being awarded in districts of equal population. As Chief Justice Earl Warren famously wrote in the Court’s opinion in a 8-1 decision:
“Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests. As long as ours is a representative form of government, and our legislatures are those instruments of government elected directly by and directly representative of the people, the right to elect legislators in a free and unimpaired fashion is a bedrock of our political system.”
The logic is the same with respect to the model for all those once-oligarchical state upper chambers, the U.S. Senate itself. But the Senate has its own separate, unassailable constitutional basis. The Article I, Section 3 provision of the Constitution providing for equal representation of states in the Senate is expressly exempted from amendment in Article V (“no state, without its consent, shall be deprived of its equal suffrage in the Senate”). So we are stuck with an anti-democratic chamber. But we don’t have to celebrate it.
It’s important to remember the two reasons we have a U.S. Senate. First, it represented a compromise with those in the founding generation who wanted an unelected body like Britain’s House of Lords to counteract “the people’s House,” the lower chamber. But more important, as James Madison made clear in “Federalist 62,” it was essential to the ratification of the Constitution that the country maintain its original character as a compact of states, not as a truly United States:
“It may be remarked, that the equal vote allowed to each state, is at once a constitutional recognition of the portion of sovereignty remaining in the individual states, and an instrument for preserving that residuary sovereignty …
“Another advantage accruing from this ingredient in the constitution of the senate is, the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then, of a majority of the states.”
This understanding of the country as a modified confederation of states with a stronger central government than it originally had more or less perished with the outcome of the Civil War and the ratification of the Civil Rights Amendments (including the 14th Amendment, that great and still-evolving guarantee of individual rights against states rights). But the Senate remains as a relic of the era when McConnell’s hero Henry Clay and a host of other patriarchal slaveholders held the Union temporarily together by engaging in “deal-making” at the expense of human dignity. The 17th Amendment, ratified in 1913 and providing for the popular election of senators instead of letting state legislatures choose them, took the chamber as far toward democracy as a flawed Constitution would allow.
“Respect for the Senate as an institution” means contempt for democracy as a fundamental value. That is why those with respect for democracy — particularly those who profess to be a member of the Democratic Party — should do everything possible to minimize the Senate’s ability to function according to the Founders’ design instead of boasting about making the chamber even more susceptible to high-handed measures to frustrate the popular will.