[EL] can congress dictate redistricting commissions

Gaddie, Ronald K. rkgaddie at ou.edu
Thu Jan 28 17:19:05 PST 2021


Yes. And if you want to have some fun, Deven Nunes wanted to run this same idea in 2011.
________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of John Tanner <john.k.tanner at gmail.com>
Sent: Thursday, January 28, 2021 6:59 PM
To: info at stewjenkins.com <info at stewjenkins.com>
Cc: Election Law Listserv <law-election at uci.edu>; Hess, Douglas (Doug) <HESSDOUG at grinnell.edu>
Subject: Re: [EL] can congress dictate redistricting commissions

Yes!   And I hope everyone supports this bill —.  https://johntannersbbqblog.wordpress.com/2021/01/06/the-john-tanner-fairness-in-redistricting-act/<https://urldefense.proofpoint.com/v2/url?u=https-3A__johntannersbbqblog.wordpress.com_2021_01_06_the-2Djohn-2Dtanner-2Dfairness-2Din-2Dredistricting-2Dact_&d=DwMFaQ&c=qKdtBuuu6dQK9MsRUVJ2DPXW6oayO8fu4TfEHS8sGNk&r=itJIms9G3wxvyGkmVqA7xg&m=oBZ57SeBrGv13sGZrEAg_MgWDLChTVpiWeEh0UXV2l0&s=D7hIi6lEigAYzDE1d5pMR5NRgnkCNPW2RvndDn_gEKU&e=>

Sent from my iPhone

On Jan 28, 2021, at 2:36 PM, Stew Jenkins <info at stewjenkins.com> wrote:

The question may revolve around the meaning of Article 1, Section 4's first paragraph:  The Times, Places and Manner of holding Elections for ... Representatives, shall be prescribed in each State by the Legislature thereof; but Congress may at any time by Law make or alter such Regulations, ....

The method for drawing congressional districts might very well be considered to be part of the Regulation of the Places and Manner that elections are held for the House of Representatives which Congress is empowered to make or alter by Law. Construing the paragraph thus would mean that Congress would have authority to impose  uniform standards for how districts were redrawn.

All the Best,
Stew Jenkins

Law Office of Stewart D. Jenkins
1336 Morro Street San Luis Obispo, CA 93401
Phone: (805) 541-5763
Fax: (805) 547-1608
E-Mail: info at stewjenkins.com
Web: www.stewjenkins.com


On 2021-01-28 14:19, Hess, Douglas (Doug) wrote:
Can the US Congress require states to use a type of redistricting
commission that it establishes (or select from a set of types it
lists)?
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Douglas R Hess
Assistant Professor, Political Science/Policy Studies
Grinnell College
On sabbatical until fall 2021
My latest op-ed using Grinnell College National Poll:
https://bit.ly/hesshess102020 [1]
Website: http://www.douglasrhess.com [2]
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Links:
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[1] https://bit.ly/hesshess102020
[2] http://www.douglasrhess.com
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