Should California Voters Cast Their Ballots to Redraw District Lines and Combat Texas's Aggressive Tactics with Similar Measures?
What, exactly, is the role of the U.S. Congress? During another Trump administration, it can be hard to tell. The authority to declare war, traditionally viewed as a crucial legislative power, has turned into a murky prerogative of the executive branch in the time since the 9/11 attacks; Trump, in recent months, has asserted even more of that power for his administration, conducting military actions on vessels in the Caribbean.
The authority over spending appears to be largely been taken away from the legislative branch as well; currently, under the leadership of budget chief, Russell Vought, a great deal of the ability to appropriate government money has also shifted to the presidency, with the administration claiming the ability to cancel congressionally authorized expenditures and seeking to redirect the money elsewhere. It’s as if they’re enacting any legislation, either; virtually all legislation must now be packed into budget reconciliation bills, huge perennial must-spend omnibus legislation that can bypass the senate obstruction. But when these fail to be approved – and increasingly, they do not – the government simply ceases operations. At least, big parts of the government do – and it’s not clear how many citizens notice. Currently, the government has been closed for the entire month; there are little indication of it reopening in the near future. But the executive branch keeps on operating smoothly.
And so the question of control of Congress can appear somewhat moot. Why should U.S. citizens be concerned who holds a majority in a body that has largely abolished itself?
In what way ‘screw Trump’ messaging could assist the state of California’s Proposition 50 prevail
And yet Proposition 50, California’s redistricting referendum that could deliver five additional congressional positions to the Democratic Party if it is approved by the electorate in a upcoming vote next month, has seized the political imagination of liberals nationwide. In part, it is a belated response to trends happening elsewhere: Republican-controlled states have for a long time embraced dramatic partisan gerrymandering while big blue states such as California, the Empire State and Washington draw their maps via nonpartisan redistricting panels, an asymmetry that has resulted in narrowly split control of the House and a longstanding sense, by the left, that their political group is at a disadvantage. The state proposal is clearly designed as a countermove to a mid-decade redistricting that was recently approved in Texas, which implemented maps that will give the GOP an five more seats in the state’s congressional delegation next year; comparable boundary changes are in progress in states such as Missouri and Indiana. (Democrats in the Old Dominion are likewise emulating California’s example in seeking to redistrict.)
The state initiative seems likely to be approved, as Democratic and liberal electorate react with concern and anger to Trump’s authoritarian consolidation of authority and seek methods to restrain his worst tendencies. But Prop 50 is not without controversy. Some critics warn that the move could backfire, with Democratic-controlled states’ attempts to change districts triggering a retaliatory cycle in which Republican-controlled states do even more to draw their maps so as to foreclose any possibility of Democratic competitiveness. Others have critiqued the proposal on strictly ideological democratic bases: a electoral area that is drawn in such a way that the result of the vote is never really in doubt, they argue, is one that cannot be said to be truly democratic: it means, inevitably, that the power of opposing views is muted, and that the process of deliberation, argument and convincing that is supposed to define a healthy political system will be limited only to party primaries, if it occurs at all.
It is worth considering each of these criticisms on their merits. The initial argument, that Prop 50 will spur conservatives to redraw their own districts in retaliation, fails as a causal argument: it does not make sense to claim that the GOP will be compelled to act in undemocratic ways by the left’s measures when they are already engaging in such behavior in the absence of those steps. The GOP, I would observe, has required no any motivation of retaliation to change maps that guarantee long-term seats for themselves: they have been willing to do this for its own sake, in the complete absence of Democratic reciprocation, for years.
The second objection, I think, is more significant, expressing not just a tactical disagreement about how to confront the GOP’s undemocratic turn, but a sort of melancholic desire for a distinct nation than the one that the United States has become. It is accurate that in a better world – in the world that most the left, I think, desire and hope for – Prop 50 would be distasteful to our values, and not mandated by our circumstances. It is not good to pack and crack disfavored population groups; it is harmful for politicians to choose their constituents, rather than the other way around; it is negative that votes are rendered uncontested. That these measures have grown essential in order to slow the authoritarian advance of Trump’s power and reduce the level of suffering he is capable to cause is unfortunate; it is a sign of how much we have declined from something more like a democracy. But they are required. It is only after the fight against Trumpism has been won that we can lament what fighting it has transformed us into.
If the legislative branch fails to in practice have legislative, war making or appropriations power, what is it, exactly, that Prop 50’s additional five blue house members will be sent to Washington to do? One thing that the House and Senate still holds is the authority to compel testimony, and the ability to investigate. Even in our era of sclerotic politics and congressional atrophy, it has utilized of that authority to significant impact. In the coming years, if the measure passes and California’s new representatives are take office, they will become a part of a institution with the authority to investigate the president, to televise their investigations into his conduct and to compel associates of his close advisors to testify. It’s significant, and crucially, it’s not something that any conservative would do.
The columnist is a Guardian US columnist