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

What, precisely, is the role of Congress? In the second Trump administration, it is difficult to determine. The authority to declare war, traditionally viewed as a crucial legislative power, has turned into a unclear prerogative of the executive branch in the years since the 9/11 attacks; Trump, in the past few months, has asserted even more of that power for his administration, conducting military actions on boats in the Caribbean Sea.

The authority over spending seems to have largely been stripped from the legislative branch too; currently, under the leadership of management and budget director, Russell Vought, much of the power to appropriate federal funds has also defaulted to the executive, with the administration claiming the authority to cancel legislatively approved expenditures and seeking to move the funds elsewhere. It’s not like they’re enacting any laws, either; almost all bills must currently be crammed into spending packages, massive perennial must-spend comprehensive bills that can circumvent the senate obstruction. But when these fail to be approved – and increasingly, they do not – the government simply ceases operations. At least, large sections of the government do – and it’s uncertain how many citizens notice. At present, the federal government has been closed for the entire month; there are no signs of it resuming operations anytime soon. But the executive branch continues humming along.

And so the issue of dominance of the House and Senate can seem rather moot. Why should U.S. citizens be concerned who holds a majority in a body that has largely abolished itself?

In what way ‘oppose the president’ messaging could help the state of California’s Prop 50 prevail

And yet Proposition 50, California’s ballot measure on district boundaries that could provide five more congressional positions to the Democrats if it is approved by voters in a upcoming vote in the coming weeks, has seized the political imagination of progressives across the country. In part, it is a delayed reaction to developments happening in other states: Republican-controlled states have for a long time adopted dramatic partisan gerrymandering while big blue states such as the Golden State, New York and the Evergreen State create their district lines via impartial redistricting panels, an asymmetry that has resulted in closely divided House control and a long-term feeling, by Democrats, that their party is bringing a knife to a gun fight. The state measure is clearly designed as a response to a mid-term redrawing of maps that was recently approved in the Lone Star State, which installed boundaries that will give the GOP an five more seats in the state’s House representation next year; similar redistricting moves are in progress in states such as the Show-Me State and Indiana. (The left in the Old Dominion are likewise emulating California’s lead in attempting to alter districts.)

The California measure seems likely to pass, as progressive voters react with fear and frustration to the president’s autocratic consolidation of power and seek ways to check his most extreme tendencies. But the proposition is not without controversy. Some opponents caution that the action could have unintended consequences, with blue states’ efforts to redistrict setting off a revenge pattern in which red states do even more to design their districts so as to eliminate any possibility of Democratic competitiveness. Different critics have questioned the measure on more purely principled democratic grounds: a district that is created in such a way that the outcome of the vote is never really in question, they argue, is one that cannot be said to be truly democratic: it means, inevitably, that the power of dissenting voices is suppressed, and that the process of deliberation, discussion and persuasion that is supposed to define a functioning political system will be confined only to primary elections, if it happens at all.

It is worth taking each of these objections on their merits. The first argument, that the measure will provoke conservatives to redraw their respective districts in response, fails as a causal point: it does not make sense to say that Republicans will be made to act in antidemocratic ways by Democrats’ measures when they are already engaging in such behavior in the absence of those steps. The Republican party, I would observe, has not needed any incentive of retaliation to change boundaries that guarantee permanent positions for themselves: they have been willing to do this for its own sake, in the complete lack of Democratic reciprocation, for years.

The second objection, in my view, is more substantive, reflecting not just a tactical disagreement about how to confront the GOP’s anti-democracy shift, but a kind of sad wish for a different country than the one that the United States has turned into. It is accurate that in a more ideal situation – in the reality that most Democrats, I think, yearn for and aspire to – the proposition would be unappealing to our principles, and not required by our circumstances. It is undesirable to manipulate disfavored population groups; it is not good for elected officials to choose their voters, rather than the reverse; it is not good that elections are rendered noncompetitive. That these actions have become essential in order to slow the autocratic creep of Trump’s control and reduce the amount of suffering he is able to inflict is unfortunate; it is a sign of how much we have declined from something more like a democracy. But they are necessary. Only after the fight against Trumpism has been successfully concluded that we can mourn what fighting it has transformed us into.

If the legislative branch fails to in reality have lawmaking, military or budgetary authority, what is it, precisely, that the proposition’s five new Democratic house members will be dispatched to Washington to do? One thing that Congress still retains is subpoena power, and the power to examine. Even in our era of sclerotic politics and congressional atrophy, it has made use of that authority to great effect. In 2027, if Prop 50 passes and the state’s additional Democrats are take office, they will become a part of a institution with the power to probe the president, to televise their hearings into his actions and to force associates of his inner circle to give evidence. It’s significant, and more importantly, it’s not something that any conservative would do.

  • Moira Donegan is a news outlet columnist

Brittany Daniel
Brittany Daniel

A seasoned journalist with over a decade of experience covering UK politics and social issues, known for insightful reporting.