I’m in the process of reading the latest issue of Connecticut History Review. This issue is an anthology of articles about women’s struggle in Connecticut for equal rights. It contains an article by Claudia Clark about women who worked for the Waterbury Clock Company (later Timex) in the 1920s. Their job was to paint radium onto the dials of self-luminescent watches and clocks. Among other things they were told to use their lips to bring the tip of the brushes to a point. In the process of doing so they ingested radium, which killed many of them. Clark describes how the company got away with it by using its political influence to, among other things, keep the victims from having recourse to the workers compensation system and other forms of legal recourse. She makes the point that they were helped tremendously by the legislature, which was dominated by conservative Republicans. She makes the further point that this dominance was at least in part,and perhaps largely, attributable to the fact that the districts that were represented in the state legislature greatly differed in population. A state representative from a city represented far more people than one from a small town, so his (they were all he’s) constituents lacked the political power of residents of a small town. Of course, the more progressive types tended to live in the cities. They may have outnumbered their rural counterparts, but their political influence was not proportional to their numbers.
This started me thinking about the so-called Supreme Court. It is now in the process of making what were independent agencies political pawns of a mentally ill president, reserving, of course, the right to restrict future presidents should they be Democrats. In order to do that it must, and will, overturn an 80 year old precedent. That same Supreme Court has ruled that, at least in Republican states, gerrymandering is a “political question” outside the purview of the courts, despite the fact that its avowed purpose is to frustrate the will of the actual majority of the people in a state.
One reason Connecticut no longer has a legislature in which a small town (say, North Stonington) has as much political influence as a large city (say, Hartford) is because back in 1962 an actual Supreme Court ruled that the manner in which a state created political districts was not a political question, eventually ruling that each voter was entitled to equal representation in legislative chambers. The case was Baker v. Carr and its progeny. The Wikipedia article gives the full story quite well.
Gerrymandering works, but going back to the days when a legislative district in a small town had as much political power as an entire city would serve Republican interests even more. One has to wonder whether that’s on the agenda. Frankly, I can’t imagine this “Supreme” Court ruling against any red state that chose to go back to such a system. It would, once again, become a “political question”, a position the Baker v. Carr court rejected. Such a system would almost certainly cement Republican control of all current red states, and, should they get a transient majority in a swing state (say, Pennsylvania), it would make such a state permanently red.
One more thing while we’re at it. I wouldn’t be surprised if the legislatures in the states that have gerrymandered or otherwise assured Republican majorities despite what the majority of voters might want will vote to do away with presidential elections in their states. Remember, the constitution does not require, or even envision, popular elections of presidents or of presidential electors. The constitution provides as follows,and this provision has never been repealed or modified by any amendment to the constitution:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number
of Electors, equal to the whole Number of Senators and Representatives to which the
State may be entitled in the Congress: but no Senator or Representative, or Person
holding an Office of Trust or Profit under the United States, shall be appointed an
Elector.
States started adopting statutes that essentially allowed the voters to choose the electors fairly early, but those statutes can be repealed at any time, and it would in fact (as opposed to most of the gerrymandering) be completely constitutional. The Founders were perhaps a bit too optimistic about the future. They must have figured that future legislatures would act in good faith.