Bills of Congress by U.S. Congress

To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment.

Summary

H.R. 4889 aims to limit congressional redistricting to once per decennial census, preventing states from redrawing district lines multiple times within a decade. Exceptions are made only when court-ordered to comply with the Constitution or the Voting Rights Act. The bill seeks to amend existing law (2 U.S.C. 2c) to enforce this restriction.

The bill explicitly states that it does not affect state and local elections or the processes by which states establish districts for those elections. It would take effect after the November 2024 election.

The justification for the bill rests on Congress's authority under Article I, Section 4, and the Fourteenth Amendment, Section 5, to regulate the manner of elections and enforce apportionment requirements.

Expected Effects

If enacted, H.R. 4889 would likely reduce the frequency of gerrymandering, potentially leading to more stable and representative congressional districts. This could decrease political volatility caused by frequent redistricting.

However, it might also limit a state's ability to address unforeseen demographic shifts or inequalities within a decade. Court challenges regarding the interpretation of 'compliance with the Constitution' are possible.

The bill's impact is primarily on congressional elections, leaving state and local election processes untouched.

Potential Benefits

  • Reduced Gerrymandering: Limits the ability of states to manipulate district lines for partisan advantage.
  • Increased Stability: Provides more stability in congressional districts, reducing voter confusion and potential disenfranchisement.
  • Fairer Representation: Could lead to more competitive elections and fairer representation of voters' preferences.
  • Reduced Political Volatility: Decreases the frequency of redistricting-related political battles.
  • Focus on Governance: Allows elected officials to focus on governing rather than constantly campaigning due to redistricting.

Potential Disadvantages

  • Limited Flexibility: Restricts a state's ability to respond to significant demographic changes or inequalities that emerge mid-decade.
  • Potential for Entrenchment: Could entrench existing political power structures if initial districts are unfairly drawn.
  • Increased Litigation: May lead to legal challenges regarding the interpretation of 'compliance with the Constitution' as an exception.
  • Reduced Responsiveness: Could make representatives less responsive to changing constituent needs within a decade.
  • Unintended Consequences: The 'one redistricting' rule might create unforeseen issues in rapidly growing or changing states.

Constitutional Alignment

The bill cites Article I, Section 4, which grants Congress the power to regulate the time, place, and manner of elections for Members of the House of Representatives. It also references the Fourteenth Amendment, Section 5, which empowers Congress to enforce Section 2, concerning the apportionment of Representatives.

The constitutionality hinges on whether the limitation on redistricting is a reasonable regulation of elections. The Supreme Court has generally upheld Congress's power over congressional elections, but the extent of that power is subject to interpretation.

Arguments against constitutionality might claim that the bill infringes on states' rights to manage their own elections, as reserved by the Tenth Amendment. However, the explicit constitutional grants of authority to Congress in Article I, Section 4, and the Fourteenth Amendment provide a strong basis for its validity.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).