Topic 7 - State Legislatures as Representative Institutions Flashcards
Internal Conflict in legislature
Internal conflict between legislature as a representative institution and as a lawmaking institution
Legislature as Lawmaking Institution
- Also known as ‘wholesale’ politics
Making Laws and bossing people around by … - Enactment of laws
- Making the budget
- Oversight
- Confirmation of Appointments
Legislature as Representative Institution
- Also known as ‘retail’ politics
They have to appeal to people for their votes and money by … - Representing interests of constituents
- Bringing funds & projects to district
- Constituent services
How are Legislature as Representative Institution (individual) and Legislature as Lawmaking Institution (group) tied?
Pork Barrel legislature - lawmaking serving constituent interest
Constituent Service - boost public image
Redistrict
Whats your state legislature look like?
- Members chosen by smaller body of voter
- Legislature reamain largely lay bodies
- less professional, more normal
- Regular person with a real job
- 75% have college degrees
How are legislature connected to Constitutents?
Linkage insitutions
What is descriptive representation?
Are legislatures good at it?
Mirror the characteristics of the people they represent
It is rarely provided
What is the Basis of Representation?
GEOGRAPHY
each level of gov is bounded by a geographical line
Who draws the lines? and when?
state legislature draws its own lines after the Census (10 years)
Size of a Congressional Districts
2% within the ideal size
What is Malapportionment? When it end? What ended it
Uneven distribution of representatives
Ended in 1960s
Baker V Carr
What did Baker V. Carr establish?
One person, One vote
Unequal representation goes against 14th amendment
dont need to remember:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
Rules for redistricting
- Equality of population
- Conitguity : All parts must touch
- Protect group : Voting Rights Act
- Shape : Can be odd but not bizare
What is Gerrymandering and its 2 types
redistricting with the purpose of getting and advantage
1. Racial (illegal)
2. Partisan (allowed)
How do gerrymander
Packing: making a districit full of a certain type of people
Cracking: splitting groups up
2003 TX redistricting controversy.
LULAC vs Perry
LULAC challeneged a redistictring change, claiming it weakened latino vote.
Got harder to prove in court that drawing districts just to favor one party was unconstitutional.
It’s okay for politicians to prioritize their party’s interests.
2011 TX redistricting controversy.
Shelby County v. Holder (2013)
Texas was no longer a ‘covered state’
Rucho v. Common Cause (2019)
gerrymandering “may be incompatible w/ democratic principles”
Abbott v. Perez (2018)
Texas House district ruled an “impermissible racial gerrymander”
Allen v. Milligan (2023)
whether Sect. 2 of Voting Rights Act should apply to redistricting context at all
Do voters chose representatives or do representative chose voters?
Before 1960s: Growing rural-urban imbalance in representation & political power
Since 1960s: Growing partisanship in districts and Growing politicization of redistricting process
Now Redistricting largely determines “winners”
