Laws exist for three primary
reasons; one they protect the weak from the strong, they protect society in
general, and they protect us from our own negative behaviors. I would say that
the first reason is the most important. Many, if not most, of our laws restrain
the behaviors of the rich, powerful, and majority. Sadly, human history teaches
us that the weaker and minorities need vigorous protection from the stronger,
often wealthier, majorities. Over the past two and a half centuries, the United
States has developed a strong body of laws designed to protect the weak while constructing
a vibrant culture, dynamic economy, and thriving ecology. This has been a slow
process, often halting, occasionally heading down blind alleys, but progressing
steadily towards that ephemeral constitutional goal of “securing the Blessings
of Liberty to ourselves and our Posterity.” This Spring, the U.S. Supreme Court
turned back the hands of time, stopping in the dark days of the early Civil
Rights era, sometime in the late 1950s or early 1960s.
One of the most important
expectations that we have as citizens is that we have some hope of true or
valid representation, that some of the people who write the laws of our land
not only look like we do, but rise out of a shared experience. Gerrymandering, the
practice of manipulating representative districts to gain an advantage in an election,
which goes all the way back to the era of Thomas Jefferson and John Adams, threatens
this fundamental aspect of democracy. Parties and other powerful and monied
entities have always sought, and will continue to seek, to game the system
through various strategies, and one of the most common is to draw, or redraw, districts
in such a way as to give the candidates of their choice and advantage in the
electoral process. This practice effectively disenfranchises segments of our
population, fencing them out of the governmental process. Disenfranchised
groups, unable to engage in the representative process, may abandon the
democratic process altogether, leading to ever greater isolation and a
justifiable lack of faith in the system. Both parties engage in this nefarious
practice. Out of necessity we turned to the legal arena to limit this practice.
The Civil Rights Act of 1964 did much to limit gerrymandering.
The U.S. Supreme Court ruling in Louisiana
v. Callais effectively allows states to redraw voting districts with an eye
toward limiting representation of Black communities. It undoes much of the hard-won
gains in civil rights; gains won through hard work and sacrifice. Not only does
it erase decades of effort, but it also turns its back on the more noble ideas
enumerated in the Declaration of Independence, Constitution, and other key foundational
documents of our nation. Additionally, it displays the fear and hollowness of
those participating in this extreme gerrymandering.
Those who participate in this undoing
of some of the more high-minded civil rights work show their fear. They fear a
just and open election process. They know that much of what they do seeks to not
only to deprive certain segments of our society of adequate representation but
also denies them many avenues of improving their lot in life. They fear an open
and competitive process. They fear a future with an open door to government.
They fear a government in which they might have to share a modicum of power
with someone who doesn’t look like they do, doesn’t come from their background,
and doesn’t support the status quo. They fear recognition of their empty,
hollow ideas based on an extremist past.
The hollowness of their ideas and
goals requires a gaming of the system. They know that they cannot gain and
maintain power through fair competition, so they seek to rig the system.
Changing the rules, or moving the goalposts, is the only way they can hope to
win. Bereft of good ideas for government, of ideals, of honor, they must use maps
and pencils to secure their place of power.
Some will just shrug and say, “It’s
not in my backyard. Why should I care?”
We should care because it is the
wrong thing to do and represents a retreat from the high ideals which our nation
aspires to. We should care because these are our neighbors and friends. We should care because these are humans and deserve our respect. On a more selfish note, they should care because these people will
not stop. Sooner or later, and it will be sooner, they will trample on your
rights. All they care about is securing their power and enriching themselves.
They do not care about anyone who does not look like them or come from their
class.
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