Understanding Our Constitution - Part 3 - Congressional Districts & The Census

Under the Constitution, each state is entitled to at least one representative, serving a two-year term. Congress determines the size of the House of Representatives, which right now has 435 members. A state's population determines the number of congressional seats apportioned to it.

The U.S. Supreme Court decided in Baker v. Carr (1962) that unequally populated districts violated the equal protection clause of the Constitution. Since this decision, districts within a state each have approximately the same population. Right now, approximately 600,000 people are in each Congressional District.

Every ten years, a census is taken to determine the population in each state. The only information required in the census, to draw Congressional Districts, is the actual number of people in each household. But, the Census asks for more information than is required - race, religion, educational background, number of children, etc. This gives the government information about the demographics of the republic.

What the Constitution does not take into account is that not all people counted in a census are of legal age & many that are counted, who are of legal age, are not registered voters. Therefore, a Congressional District made up of a large percentage of young adults may have a lot of children - where another District may be made up predominantly of Senior Citizens. The first District, made up of young adults, may have 200,000 registered voters to 400,000 registered voters in the Senior Citizen District. The Constitution does not state that the number of registered voters in each district must be equal.

Districts are generally expected to be compact and contiguous but “gerrymandering” - the drawing of district lines to maximize political advantage, is the norm.

Political Parties recognize that the demographics of the registered voters needs to be taken into account. A neighborhood that has “changed” since the last census & has attracted a different population (ethnic, racial, religious etc.) may vote differently than the prior inhabitants. A District that was strongly in favor of a particular political party may become a possible loss - if not redrawn.

The Majority Party of the State will redraw districts taking into account this change. A neighborhood may be “removed” from a District & another put in its place to make up the “best” District for the political party. In my county of Broward, Florida, the districts are drawn in what looks like a “haphazard” manner. The district I am in has very little continuity.

The next census to be taken is in 2010. Congressional Districts will probably not be redrawn for the 2010 election, but will probably be changed in time for the 2012 election.