Legislative Branch Flashcards
Define Redistricting
Process of redrawing district lines after each census. This process is mandated by the SCOTUS.
This redrawing ensures that 80 assembly seats and 40 senate seats are roughly equal.
Define Citizens Redistricting Commission (Proposition 11 (2008))
Prop 11 granted remaping authority over legislative districts and the five-member Board of Equalization (BOA) to a fourteen-member independent Citizens Redistricting Commission. The commission was made up of 5 democrats, 5 Republicans, and 4 others. California is one of nine states to have an independent commission to draw district boundaries.
What are the priorities of the Citizens Redistricting Commission when they redraw the district lines?
In addition to meeting federal requirements (equal population, minorites have equal opportunity), district boundaries must (1) maintain the geographic integrity of cities, counties, neighborhoods, and communities of interest, (2) be geographically compact (fairly regular shape)- , and (3) nest two Assembly districts into one Senate district and 10 Senate districts within one BOA district. And, shall no de drawn with any racial, partisan, or other discrimination.
Based on the previous question, does this lead to more politically competitive districts? Why or why not?
One of the reasons for the adoption of the CRC was the lack of electoral competition in legislative districts. In 2010, before the CRC, California ranked 11th in competitiveness according to Ballotpedia metrics. However, in 2020 state legislative elections, California ranked 4th.
Overall, the transfer of redistricting power from the legislature to the CRC has improved competition in districts because of these priorities and its aim to be nonpolitical. To be specific, the requirements of geographical compactness increases the likelihood of their being a diverse population of voters in a single district rather than previous drawing that appeared to draw arbitrary lines to favor one party over the other.
Explain the case of Baker v. Carr (1962)
Landmark SCOTUS decision that ruled that federal courts can hear cases alleging a states redistricting plan violates the Equal Protection Clause of the 14th amendment. In other words, it established the right of federal courts to review redistricting issues, which had previously been termed “political questions” outside the courts jurisdiction.
Explain the case of Reynolds v Sims (1964)
SCOTUS decision that established the principle of “one-person, one-vote” in state legislatures. It held that the Equal Protection Clause requires state legislatures to have roughly equal populations in each district. The court also ruled that both houses of a bicameral state legislature must be apportioned based on population. Before this, districts were setup however they wanted to.
Define Gerrymandering
The redrawing of districts for partisan or other advantage (so as to favor one party)
What are the different types of gerrymandering?
Partisan gerrymandering: Manipulating lines to increase chances of getting party elected ; “splintering” (dividing parties among several districts to dilute strength) or “packing” a district (concentrating one party in one district to to enhance election chances for own part in other districts)
Bipartisan/Incumbent gerrymandering: Manipulate lines to protect both parties. Sometimes found under divided government conditions.
Racial gerrymandering: Manipulating lines to dilute voting power of certain minority groups. This form in the U.S. experienced the greatest violations by trying to draw lines to diffuse the concentration of Blacks to lessen the chance of them electing a Black person.
Can you provide a brief history of term limits? Who was Jesse Unruh? Willie Brown?
Pre-1966 was an era of pre-professionalism in which the legislature worked part-time. Between 1967-1990, the legislature a new era of professionalism under Assembly Speaker Jesse Unruh as he put much effort into making the legislature full-time (would create less corruption). Under his leadership, the legislature aggressively pursued a policy agenda apart from the governors.
Proposition 140 in November 1990 limited Assembly members to 6 yrs and senators to 8 yrs, which created great turnover and thus less experience (some say competence). One of the factors that contributed to the approval of this term limit was a media spotlight on Willie Brown (assembly speaker) that highlighted his perceived abuses of power such as doling out excess campaign funds of his own to loyal colleagues. Some believe that a likely (racist) motive of Prop 140 was to remove Brown from office, specifically Republicans wanted to use him to get more Republicans elected. However he only grew more powerful.
What are some of the positives of term limits? How have term limits affected diversity within legislature?
-term limits create greater diversity although there has been a gender split
-before term limits, legislators in safe seats would continue getting re-elected and hence weren’t as politcally active. However, term limits apply political pressure and encourage officials to get their name out there and become experts on things.
-post-prop 28: officials no longer in a hurry to get a name for themselves and instead have more time to develop valuable experiences and expertise which leads to adopting longer-term perspectives/policy goals
What are the negative impacts of term limits? In What ways have they led to a decrease in the power of the legislature?
-old term limits diluted legislative competency with quick turnover. it made it difficult for assembly members and senators to adjust to their position and set long-term policy goals
-it transferred policy influence and expertise to the executive branch as the governor had greater power
-it decreased lobbyist’s power as many lobbyists leave with the legislative staff. For part of what makes contract lobbyists powerful is their relationship with staff but under term limits they have to constantly build relationships and hence some costs influence
-increase in advocacy group power: since everyone becomes hyperpolitcal under term limits, money from interest groups created relationships that were easily leveraged as officials needed campaigning money and future support.
What was Proposition 28 (2012)?
Limit on amount of time an official can hold office. Proposition 28 allows members to serve a total of twelve years in the legislature, regardless of chamber.
