Ought Californians Cast Their Ballots to Redraw District Lines and Fight Texas's Aggressive Tactics with Similar Measures?

What, precisely, is the role of Congress? In the second Trump administration, it can be hard to determine. The authority to initiate armed conflict, traditionally viewed as a crucial congressional authority, has turned into a unclear right of the executive branch in the time since September 11; Trump, in recent months, has claimed additional of that control for his administration, authorizing military actions on vessels in the Caribbean.

The power of the purse appears to be largely been taken away from Congress too; currently, under the leadership of budget chief, Russell Vought, much of the power to appropriate federal funds has also shifted to the presidency, with the administration asserting the ability to cancel legislatively approved expenditures and attempting to redirect the funds to other uses. It’s as if they’re enacting any laws, either; virtually all legislation must now be crammed into budget reconciliation bills, massive recurring must-spend omnibus legislation that can bypass the senate obstruction. But when those fail to be approved – and increasingly, they don’t – the federal government just shuts down. At least, big parts of the government shut down – and it’s not clear how many people are aware. At present, the federal government has been closed for the entire month; there are no signs of it resuming operations anytime soon. But the presidency continues operating smoothly.

And so the issue of control of Congress can appear somewhat moot. Why should Americans be concerned who holds a majority in a institution that has mostly abolished itself?

In what way ‘oppose the president’ rhetoric could help California’s Proposition 50 prevail

And yet Proposition 50, the Golden State’s redistricting referendum that could deliver five more congressional positions to the Democratic Party if it is embraced by the electorate in a upcoming vote in the coming weeks, has seized the attention of progressives nationwide. Partly, it is a belated reaction to trends happening in other states: GOP-led states have long embraced extreme biased redistricting while large Democratic-controlled such as California, the Empire State and the Evergreen State create their district lines via nonpartisan independent commissions, an imbalance that has resulted in narrowly split control of the House and a longstanding sense, by the left, that their party is at a disadvantage. The state measure is explicitly intended as a response to a mid-decade redrawing of maps that was recently approved in the Lone Star State, which installed maps that will provide the GOP an five more seats in the state congressional delegation in the upcoming term; comparable boundary changes are in progress in states such as Missouri and Indiana. (The left in the Old Dominion are likewise following the state’s lead in seeking to alter districts.)

The California initiative seems likely to be approved, as Democratic and liberal electorate react with fear and frustration to the president’s authoritarian centralization of authority and look for ways to check his most extreme tendencies. But Prop 50 is not without controversy. Some critics warn that the move could have unintended consequences, with Democratic-controlled states’ attempts to change districts triggering a retaliatory pattern in which Republican-controlled states do even more to design their districts so as to foreclose any chance of Democratic competitiveness. Others have questioned the measure on strictly ideological democratic grounds: a electoral area that is drawn in such a way that the outcome of the election is never really in question, they say, is one that cannot be said to be truly democratic: it implies, necessarily, that the power of opposing voices is suppressed, and that the process of deliberation, discussion and persuasion that is supposed to define a healthy democratic process will be confined only to primary elections, if it occurs at all.

It is worth taking each of these criticisms on their merits. The first argument, that Prop 50 will provoke the right to redraw their respective districts in retaliation, fails as a logical point: it is illogical to claim that Republicans will be compelled to behave in antidemocratic ways by the left’s actions when they are already doing so in the absence of those steps. The GOP, I would observe, has not needed any motivation of revenge to change maps that guarantee permanent seats for themselves: they have been ready to do this for its own sake, in the complete absence of similar actions by the left, for years.

The second critique, in my view, is more significant, expressing not just a strategic difference about how to confront the GOP’s undemocratic shift, but a sort of melancholic wish for a distinct country than the one that the United States has turned into. It is true that in a better world – in the reality that most Democrats, it is believed, desire and hope for – the proposition would be unappealing to our values, and not mandated by our circumstances. It is not good to manipulate targeted population groups; it is harmful for elected officials to select their voters, rather than the other way around; it is not good that votes are made noncompetitive. That these actions have become necessary in order to impede the autocratic advance of Trump’s control and reduce the level of suffering he is capable to cause is sad; it is a sign of how much we have fallen from a state more like a democracy. But they are required. Only once the fight against Trumpism has been successfully concluded that we can lament what opposing it has transformed us into.

If the legislative branch does not in practice have lawmaking, war making or appropriations power, what is it, exactly, that the proposition’s five new Democratic representatives will be sent to the capital to do? One aspect that Congress still holds is the authority to compel testimony, and the power to examine. Even in our time of stagnant government and congressional atrophy, it has utilized of that power to great effect. In 2027, if Prop 50 passes and the state’s additional Democrats are sworn in, they will find themselves a member of a body with the authority to investigate Trump, to broadcast their hearings into his conduct and to compel associates of his close advisors to testify. It’s not nothing, and more importantly, it’s not something that any conservative would do.

  • The columnist is a Guardian US columnist

Angela Ryan
Angela Ryan

A passionate writer and innovator with a background in technology and the arts, sharing insights to inspire change.

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