The Constitution and Redistricting

 

Article I, Section 4, Clause 1:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

I am relieved that the effort to redistrict SC election maps did not go forward for many reasons.  

Chief among them is that the Constitution directs that States have regulatory authority over their own election processes with the proviso that Congress may alter regulations. Please note:  NOT the Executive branch.  I find it reprehensible that the Executive branch would so brazenly attempt to control South Carolina’s election process by sending us a map  from the White House which our Legislature was expected to adopt.  While not privy to conversations between President Trump or his representatives and Gov. McMaster or other leading Republicans, I would imagine the pressure included language about loyalty and authority. 

It is the State’s privilege to elect representatives to Congress, and Congress has the task of figuring how to work with those the States send.  I believe it is in the push and pull of negotiation that Congress can do its best work - particularly in moderating extremism. 

The ideal, in case we have forgotten, is that cooperation be won across the aisle. Winning cooperation is hard work.  It requires listening, humility, and a willingness to sacrifice one’s own perceived advantage. This is only possible if participants are persuaded that they are working for the good of all of our citizens and not driven by narrow self-interest.  The more adamant one party is as to the rightness of their own position , the more difficult that work becomes.  

I do not believe that it serves South Carolina to have a congressional delegation that falls uniformly to its knees before the Executive branch – uncritically embracing whatever it might propose.  In fact, this is dangerous and, in doing so, we risk losing the traditional checks and balances that have sustained our republic for 250 years.   

So, yes, that the redistricting in South Carolina has not gone forward this year is a good thing.  I truly hope that Gov. McMaster and those expressing disappointment will listen carefully to all of the citizens of SC whom you promised to serve and to find a way to move beyond “my way or the highway” thinking. 

                 Annotation in part on the above section of the US Constitution

By its terms, Article I, Section 4, Clause 1, referred to as the Elections Clause, contemplates that state legislatures will establish the times, places, and manner of holding elections for the House of Representatives and the Senate, subject to Congress making or altering such state regulations (except as to the place of choosing Senators).¹ The Supreme Court has interpreted the Elections Clause expansively, enabling states to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns.² The Court has further recognized the states’ ability to establish sanctions for violating election laws³ as well as authority over recounts⁴ and primaries.⁵ The Elections Clause, however, does not govern voter qualifications, which under Article I, Section 2, Clause 1, and the Seventeenth Amendment must be the same as the Qualifications requisite for Electors of the most numerous Branch of the State Legislatures.⁶ Similarly, the authority of states to establish the Times, Places and Manner of holding Elections for Senators and Representatives does not include authority to impose additional qualification requirements to be a Member of the House of Representatives or a Senator, which are governed by the Constitution’s Qualification Clauses at Article I, Section 2, Clause 2 for Members of the House and at Article I, Section 3, Clause 3 for the Senate.⁷

States and Elections Clause | Constitution Annotated | Congress.gov | Library of Congress