Ought California Voters Cast Their Ballots to Redistrict and Fight the Lone Star State's Aggressive Tactics with Similar Measures?

What, exactly, is the role of the U.S. Congress? In the second presidency of Donald Trump, it can be hard to tell. The power to declare war, long considered a vital congressional authority, has turned into a murky prerogative of the executive branch in the years since the 9/11 attacks; Trump, in recent months, has claimed additional of that power for his administration, conducting military actions on vessels in the Caribbean.

The authority over spending seems to have mostly been stripped from the legislative branch as well; currently, under the leadership of budget chief, Russell Vought, a great deal of the power to allocate federal funds has likewise defaulted to the presidency, with the administration asserting the ability to cancel congressionally authorized spending and attempting to move the funds to other uses. It’s not like they’re enacting any laws, anyway; almost all legislation must now be crammed into budget reconciliation bills, huge perennial must-spend omnibus legislation that can bypass the senate obstruction. But when those don’t pass – and increasingly, they do not – the federal government just ceases operations. At least, large sections of the government shut down – and it’s uncertain how many people notice. Currently, the federal government has been closed for the entire month; there are little indication of it resuming operations in the near future. But the presidency keeps on humming along.

And so the question of dominance of Congress can appear somewhat irrelevant. Why should U.S. citizens care who has a controlling share in a institution that has largely rendered itself powerless?

In what way ‘screw Trump’ rhetoric could help the state of California’s Proposition 50 succeed

And yet Proposition 50, the Golden State’s ballot measure on district boundaries that could deliver five additional House seats to the Democrats if it is approved by voters in a upcoming vote next month, has seized the attention of progressives across the country. In part, it is a belated reaction to developments happening elsewhere: GOP-led states have for a long time embraced dramatic biased redistricting while big Democratic-controlled such as California, the Empire State and the Evergreen State draw their district lines via impartial independent commissions, an imbalance that has resulted in closely divided House control and a long-term feeling, by the left, that their party is at a disadvantage. The California proposal is clearly designed as a response to a mid-term redrawing of maps that was recently approved in Texas, which installed maps that will give Republicans an five more seats in the state congressional delegation in the upcoming term; comparable redistricting moves are under way in states such as the Show-Me State and the Hoosier State. (Democrats in the Old Dominion are likewise emulating California’s example in seeking to alter districts.)

The state measure seems likely to be approved, as progressive voters respond with fear and frustration to Trump’s authoritarian centralization of power and seek ways to restrain his most extreme impulses. But the proposition is not free from debate. Some opponents warn that the move could have unintended consequences, with Democratic-controlled states’ efforts to redistrict triggering a revenge cycle in which Republican-controlled states do additional to design their districts so as to foreclose any chance of Democratic competitiveness. Others have questioned the proposal on more purely ideological democratic bases: 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 genuinely democratic: it implies, inevitably, that the power of dissenting voices is muted, and that the procedure of debate, discussion and convincing that is supposed to define a functioning democratic process will be confined only to primary elections, if it occurs at all.

It is valuable considering each of these objections on their own terms. The first argument, that Prop 50 will spur the right to alter their respective maps in response, does not hold up as a logical point: it does not make sense to say that the GOP will be compelled to act in antidemocratic 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 not needed any motivation of revenge to redraw maps that guarantee long-term positions for their party: they have been willing to do this for their own benefit, in the total lack of Democratic reciprocation, for years.

The other critique, in my view, is more significant, expressing not just a strategic difference about how to confront the Republicans’ undemocratic turn, but a sort of melancholic desire for a different country than the one that the US has turned into. It is true that in a better situation – in the world that most Democrats, I think, desire and hope for – the proposition would be distasteful to our values, and not mandated by our circumstances. It is not good to pack and crack targeted population groups; it is not good for elected officials to choose their voters, instead of the other way around; it is not good that elections are made noncompetitive. That these actions have become essential in order to slow the authoritarian advance of the president’s control and reduce the level of harm he is able to cause is unfortunate; it is a sign of how far we have declined from something more like a democracy. But they are necessary. Only after the fight against the current administration’s ideology has been won that we can lament what opposing it has made us.

If the legislative branch does not in practice have lawmaking, military or budgetary power, what is it, exactly, that the proposition’s five new Democratic house members will be sent to the capital to do? One thing that the House and Senate continues to retains is subpoena power, and the ability to examine. Even in our time of sclerotic government and congressional atrophy, it has made use of that power to great effect. In 2027, if Prop 50 is approved and California’s additional representatives are sworn in, they will find themselves a part of a body with the authority to probe the president, to televise their investigations into his conduct and to compel members of his close advisors to give evidence. It’s significant, and crucially, it’s not something that any conservative would do.

  • Moira Donegan is a Guardian US writer

Robert Martin
Robert Martin

A fashion journalist with over a decade of experience covering global trends and sustainable style.