Is Gerrymandering Legal? | Shaw v. Reno

I wrote a new book all about the Supreme Court. Order your copy here: amzn.to/45Wzhur or visit www.iammrbeat.....
In episode 43 of Supreme Court Briefs, the North Carolina state legislature gerrymanders to help African Americans since North Carolina, ya know, doesn't historically doesn't elect African Americans.
#supremecourtbriefs #apgov #gerrymandering
Want a specific SCOTUS case covered? Your idea gets picked when you donate on Patreon: / iammrbeat
Donate on Paypal: www.paypal.me/...
Buy Mr. Beat T-shirts, coffee mugs, etc.: www.iammrbeat....
Reddit: / mrbeat
Mr. Beat's band: electricneedler...
Mr. Beat on Twitter: / beatmastermatt
Mr. Beat on Facebook: / iammrbeat
Produced by Matt Beat. All images by Matt Beat, found in the public domain, or used under fair use guidelines. Music by Electric Needle Room (Mr. Beat's band).
Check out cool primary sources here:
www.oyez.org/c...
Other sources used:
www.law.cornel...
roseinstitute.o...
www.nytimes.co...
www.khanacadem...
papers.ssrn.co...
www.smithsonia...
en.wikipedia.o...
www.voanews.co...
Photo credits:
Jim Bowen
Steve Nass
Sound credits:
Mike Koenig
North Carolina
1990
None of the state’s 11 Representatives in Congress are African American, despite the fact that 20% of the state’s population was. As matter of fact, since the Civil War North Carolina had only elected a total of 4 African Americans to the U.S. House of Representatives. After the 1990 census, North Carolina gained a district, so they were going to get a new Representative. The state legislature was like, we need an African American to represent this district, so they intentionally created a district made up of mostly African Americans under the assumption they would vote one in. After the legislature submitted their plans to the U.S. Department of Justice, Attorney General Janet Reno was like “nah, not good enough,” and rejected them, saying there needed to be another district where minorities would have a chance to represent constituents in order to comply with the Voting Rights Act.
So the state legislature went back to the drawing board, this time drawing up another district to help get another African American to represent North Carolina in Congress. Now, this district was a bit...odd shaped. I mean, just look at it here. It ran along Interstate 85 for 160 miles, breaking up counties and towns and grouping together places that typically were NOT grouped together. In some places, the district was only as wide as the highway itself.
And well...wouldn’t you know it...in 1992 residents of both of those redrawn districts elected African Americans to represent them. Both were North Carolina’s first African Americans to get into Congress in the 20th century.
Well this made some North Carolina folks upset, you could say. They said that those districts were racially gerrymandered to get African Americans elected there. In case you didn’t know, gerrymandering means manipulating how the boundaries of districts are drawn to either favor one group or hurt another group. Gerrymandering is something of an infamous American tradition. As much as Americans hate the practice, it’s been around since the early days of the country. It was named after a dude named Elbridge Gerry (I know, his name is pronounced differently), who, as governor, signed the bill that approved a weirdly shaped district that benefitted his political party in the state of Massachusetts. The district’s shape somewhat resembled a salamander. So get it? Gerry which turned into Gerry plus salamander equals gerrymander?
Anyway, in this case, five North Carolina residents, led by a person named Ruth Shaw, sued both the state and the federal government, arguing that District 12, in particular, was gerrymandered so much that it went against the 14th Amendment’s tubular Equal Protection Clause. Again, they argued it was racial gerrymandering, not political gerrymandering, and they argued the drawn district didn’t go against the “one person, one vote” established in the case Reynolds v. Sims.
Arguments kept coming back to whether or not North Carolina’s redistricting plan went against the Equal Protection Clause of the 14th Amendment.

[@iammrbeat]

My book about everything you need to know about the Supreme Court is now available! Amazon: amzn.to/3Jj3ZnS Bookshop (a collection of indie publishers): bookshop.org/books/the-power-of-and-frustration-with-our-supreme-court-100-supreme-court-cases-you-should-know-about-with-mr-beat/9781684810680 Barnes and Noble: www.barnesandnoble.com/w/the-power-of-our-supreme-court-matt-beat/1142323504?ean=9781684810680 Amazon UK: www.amazon.co.uk/s?k=the+power+of+our+supreme+court&crid=3R59T7TQ6WKI3&sprefix=the+power+of+our+supreme+courth%2Caps%2C381&ref=nb_sb_noss Mango: mango.bz/books/the-power-of-our-supreme-court-by-matt-beat-2523-b Target: www.target.com/p/the-power-of-our-supreme-court-by-matt-beat-paperback/-/A-86273023 Walmart: www.walmart.com/ip/The-Power-of-Our-Supreme-Court-How-the-Supreme-Court-Cases-Shape-Democracy-Paperback-9781684810680/688487495 Chapters Indigo: www.chapters.indigo.ca/en-ca/books/the-power-of-our-supreme/9781684810680-item.html?ikwid=The+Power+of+Our+Supreme+Court&ikwsec=Home&ikwidx=0#algoliaQueryId=eab3e89ad34051a62471614d72966b7e

[@eldorados_lost_searcher]

"Former Governor and star of Jingle All the Way" That's harsh, Mr Beat.

[@joshuacoleman8000]

But obviously true.

[@iammrbeat]

Jingle All the Way is an amazing film, so obviously it was meant as a compliment. :)

[@barkboingfloom]

According the star of Junior it's "Cherrymandering". Sounds like a dessert.

[@TheSSUltimateGoku]

Mr. Beat What about the terminator?

[@StefanMilo]

Good for Schwarzenegger on being the voice of reason.

[@iammrbeat]

In Jingle All the Way?

[@shannonbeat]

Put that cookie down!!!

[@barkboingfloom]

Cherrymandering

[@dugroz]

You mean the former star of "Jingle All the Way?"

[@fermintenava5911]

Honestly, I was never a fan of his movies (or that he was Republican), but he really never fails to surprise me.

[@animalia5554]

First thing we need to do is stop letting the legislature draw the district maps to begin with. This task should be taken out of the hands of our elected officials completely.

[@DugrozReports]

If not people you can (ultimately) un-elect, then who?

[@Garioty]

@@DugrozReports In Canada we have a non-partisan electoral commission called Elections Canada that handles all the electoral redrawing and administers elections and referendums. The Chief of the commission is appointed by parliament for a single 10 year term and can only be removed by the head of state (governor general) with support from the parliament. I think it works pretty well, they are basically just civil servants not associated with any party.

[@someanimal3506]

Maybe make it illegal to have a county perimeter to county area ratio over some number.

[@waspwrap1235]

@@DugrozReports independent commissions of a community, that, yes could be biased, but would at least have more opportunity for collaboration

[@mistermiles3271]

​@@DugrozReports If they Gerrymander it well enough, they are not getting un-elected.

[@Tom-eq7eh]

Here in the UK we have an independent boundary comission to stop Gerry Mandering. The US needs a similar system.

[@Smoothbluehero]

No such thing as an “independent” commission

[@Tom-eq7eh]

@@Smoothbluehero Well they are civil servants who are not allowed any political connections and will loose their job if it's found out they do. Thats the closest you can get to independent and it works alot better than the US' system, same with Supreme court appointments.

[@Tom-eq7eh]

@U Haul Yes the US i plauged by Partisan and Bias institutions.

[@Tom-eq7eh]

@U Haul should i google translate that to English?

[@michaelheeheejackson7255]

@@Smoothbluehero well its a hell of alot better. Most constituencies (districts) are along county lines in the UK.

[@Dommi1405]

I would say the underlying problem is the use of first-past-the-post voting to decide every representative, that even allows a thing like gerrymandering and those ludicrously shaped districts.

[@Chloe-np8ue]

First past the post is another seperated issue that has nothing to do with gerrymandering

[@Dommi1405]

@@Chloe-np8ue Of course it does. If you were to use a proportional nationwide system to elect the house gerrymandering couldn't even exist

[@iammrbeat]

First past the post is the root of almost all electoral problems.

[@Chloe-np8ue]

@@Dommi1405 I'm not denying the problems with FPTP however, that issue is instead with single member electorates, not FPTP

[@Chloe-np8ue]

Although we should still ease the problems with them by adopting MMP

[@thdremily]

The fact that Mr. Beat put equal importance on Schwarzenegger's Governorship of California and his staring roll in 'Jingle All The Way' made me smile

[@aryotec]

One sec let me consult my legal team before I comment on this amazing video Mr.Beast

[@iammrbeat]

Your legal team knows my legal name and his legal is not what you know him by. :D

[@Iamqjr]

I think there needs to be more awareness on Gerrymandering. We need Congressional District reform. Should we make congressional districts based on minorities, geographical location, etc.? There needs to be more discussion on how Congressional Districts should be decided. Thanks Mr. Beat!

[@iammrbeat]

Agreed! CGP Grey has some great videos already explaining it. I show them to my real life students every semester.

[@lukedetering4490]

It got some attention recently with Abbot vs Perez last year. Thats a start I guess

[@AnnoyingAllie3]

Nobody wants to talk about it unfortunately, then they'd loose power

[@lockeland]

As a black North Carolinian, might I say, I LOVE THAT MY STATE IS GETTING SOME MR. BEAT LOVE!!!!! But seriously though, gerrymandering is...questionable...to say the very least

[@shannonbeat]

Mr. Beat love. That needs to be on a t-shirt too. MB get on that :)

[@Mae_Renneburg]

North Carolinian too (I’m white)

[@Noschool100]

if there was every an issue I wish the courts had "overreached on" I wish it was to strike down political gerrymandering. There is no incentive for either political party to go against a practice that helps them so greatly.

[@ElectionPredictionHub]

so close to first :) Supreme Court Briefs Are my favorite! I listen to all of them in playlists all day!

[@iammrbeat]

Glad they are your favorite! I wish my Supreme Court Briefs videos did better on my channel.

[@naturegirl1999]

Add a playlist of them so they'd be easier to find. I love your channel

[@3seven5seven1nine9]

If a state can draw black-only representatives, what stops a state from drawing white-only representatives?

[@wildfire9280]

Nothing, though when a subset of a state’s population isn’t given a voice in their congressional delegation, especially when that subset is 20% of the population, there does appear to be no representation for them while the majority is guaranteed.

[@ThunderTheBlackShadowKitty]

Morality and affirmative action. Whites have always had the advantage in North America since the nation's founding.

[@ivankolinic5679]

Well a lot of states do that

[@iammrbeat]

Want a Mr. Beat coffee mug? T-shirt? Sticker? Poster? Heck, even a Mr. Beat I-Phone case? Well then check out my new store :) sfsf.shop/support-mrbeat/

[@zacharybrand8145]

Here is what your next Supreme Court Breifs video should be! US Term Limits v Thornton

[@Samm815]

I have a question: is it considered Gerrymandering if the people petition the state for the district lines to be redrawn? Here in South Carolina, Northeast Columbia petitioned to have it be included into Joe Wilson's Republican district rather than be included in the Democratic district of most of Richland county.

[@iammrbeat]

It depends on how they want it drawn. If they want it drawn to favor one side or one group of people, then yes it is gerrymandering.

[@tellthemborissentyou]

I was hoping for some briefs.

[@shannonbeat]

Mr. Beat... Have them make actual Supreme Court Briefs!!! That would be amazing!

[@CJBurkey]

"Star of Jingle All The Way" I love that that is the movie you chose to represent him XD

[@iammrbeat]

Should have won an Oscar

[@CJBurkey]

@@iammrbeat agreed

[@carlose4314]

@@iammrbeat Why not Terminator?

[@mathieuleader8601]

ranked choice voting is the solution

[@electoralhq1849]

Mathieu Leader ranked choice voting doesn’t eliminate gerrymandering because districts can still be drawn to favor one party over another. The only system that completely eliminates gerrymandering is a proportional system. A single transferable vote system, which includes ranked choice voting, would also do the same as long as their is a sufficient number of seats assigned to a district.

[@theiceana7237]

@@electoralhq1849 I think its a joke referancing another video.

[@mathieuleader8601]

yes @@theiceana7237

[@mathieuleader8601]

@@electoralhq1849 would the D'Hondt method be a good idea?

[@theperfectmix2]

This video is about gerrymandering which can be solved by using the shortest splitline method to create districts. Plurality voting can be solved by using ranked choice voting.

[@kylefeldhake245]

You should put a poll in the I-card(upper right icon) for each case

[@iammrbeat]

I totally forgot I could do that. I will definitely do this.

[@agnosticdeity4687]

Kyle 16408 Have checked upper right for icons that might relate to poles but cannot find anything. Very curious, can you add any info? Thanks.

[@PremierCCGuyMMXVI]

Gerrymandering really should be illegal. We need an independent commission draw the lines OR have a proportional system where representation is based off popular vote

[@stephenj9470]

I agree, but the problem is who defines "independent"? When "bipartisan commissions" are created, almost always one side blames the commission of being partisan. I kind of like the proportional method, though.

[@PremierCCGuyMMXVI]

@@stephenj9470 we need regulation on it

[@DWPOU]

Gerrymandering is very wrong. And no I'm not being a hypocrite.

[@carlose4314]

Says the president who was in office for four terms.

[@felicvik9456]

Τһаt wаs lеgаl аt tһе tіmе lеgаl

[@x-90]

Says the president who supported interment camps

[@maxm5382]

Redline much?

[@jeffreyhebert5604]

Great show... always learning something... keep up the good good work Mr and Mrs Beats...

[@iammrbeat]

Hey you even gave a shout out to my wife. That's really cool of you. :D

[@shannonbeat]

Yay! I got a shout out :)

[@shannonbeat]

Oh my goodness Mr. Beat. We are the same person. I didn't see your comment before I typed mine.

[@blueseanomad7435]

Thank you for stating just-the-facts in your Supreme Court videos and not putting a spin on it.

[@yaozuli546]

Shaw v Reno (1993) North Carolina wanted more black house of rep - gerrymander - manipulating how the boundaries of districts are drawn to either favor or hurt specific groups - in this case, it favors black ppl representatives - 5 NC resident, led by Ruth Shaw, were pissed about this, so they sued both the state and the federal government - appealed to supreme court, debated over if the racial gerrymandering went against the Equal Protection Clause in the 14th Amendment - Reno, the NC state governor, argued that the voting right of 1965 encouraged creating districts with minorities being the majority - Supreme court sided with Shaw, ruled that racial and ethnic gerrymandering is unconstitutional - Partisan gerrymandering: manipulating districts to favor 1 political party - still a huge problem today, many American hates it Thank you the info Mr. Beat!

[@MelindaSordinoIsLiterallyMe]

Reno was US Attorney General.

[@liamtahaney713]

This is such a wholesome Wonderful channel

[@iammrbeat]

Well that was such a wholesome, wonderful comment. :D

[@jamescogswell9297]

Solution: Replace first past the post with a proportional system that ensures that the people elected will generally align with the populace.

[@iammrbeat]

Sounds reasonable to me

[@dontworry1302]

That defeats the point of having Representatives. The Senate is meant to be for the large group that makes up every state, while the House is meant to be the smallest group possible to allow for local elections to a federal office.

[@Quintinohthree]

@@dontworry1302 Senators only represents the plurality of voters of their state at the time of their election, and Representatives only represent the plurality of their district at the time of their election (and sometimes that district is their entire state anyway). Most people are unrepresented in both chambers of Congress. A proportional system would ensure that everyone would be represented, as much as can be achieved. This does not even preclude the opportunity for local Representatives, but it's a fact that local Representatives alone cannot adequately represent anyone.

[@dontworry1302]

Yes, your point? @@Quintinohthree

[@Quintinohthree]

@@dontworry1302 That both the House and Senate need to be reformed to adequately represent the diversity of peoples and opinions present in the US.

[@purinat_sun]

4:49 That's the exact definition of racism.

[@SiVlog1989]

Ouch! Race relations are such a touchy issue and gerrymandering is a big problem, racially, religiously and politically

[@iammrbeat]

Agreed. Lately the Supreme Court has been focusing on partisan gerrymandering, but you make a really good point about looking at religious affiliation, as more and more religion and politics have mixed.

[@jarodh-m6099]

However, we have to balance that with the reality that people are geographically sorting themselves as well. Since we don't really have any comprehensive framework for what we think a district should be, it is hard to have an objective discussion. Just because a district has a lot of a single group should not immediately make it unacceptable. I think we more processes like in California where they created a commission and set out criteria for what an effective district would be.

[@theperfectmix2]

All Gerrymandering is bad and can be solved by using the shortest splitline method to create districts.

[@OpinionesDeJACCsOpinions]

This is why we need the Fair Representation Act! Multi-member Districts & Rank Choice Voting! #FairRepAct

[@whodoobucrew2960]

As a Wisconsinite, this issue is close to my heart. Thank you Mr. Beat

[@lukedetering4490]

2:45-2:52 I could think of nothing but the hunger games at that moment

[@iammrbeat]

Ah yes, District 12. I read those books back in the day.

[@UnevenerGgc2]

Hopefully we get a case like this for Partisan Gerrymandering

[@theperfectmix2]

Hopefully we get a constitutional amendment banning all Gerrymandering and replacing it with the shortest split line method.

[@JayeEllis]

I agree with Schwarzenegger. That is the politicians choosing the voters instead of the other way around as it's supposed to be.

[@oliverhees4076]

literally just did a project in history on gerrymandering

[@iammrbeat]

Did you mention this case in the project?

[@TheLinConcepts]

This is why open list proportional representation is superior :)

[@HistoryNerd808]

Gerrymandering needs to go but I'm not a fan of proportional representation. Our system allows for the members of a party to be able to distance themselves from a party. For example, a Democrat in a red district could be able to move more conservative to appeal to voters and a Republican in a blue district have the ability to move more liberal. Proportional representation destroys that by holding the individual seats hostage to the national party apparatus. It's no surprise that in parliamentary systems that the individual MP's are much more of rubber stamps than politicians in our system. Even if we're polarized so this isn't happening right now but when there is a lot of party overlap in the moderate sides of the parties, it allows for things to get done much easier.

[@HistoryNerd808]

@U Haul What's your point? Different districts have different wants/needs and different ideologies. Democrats are going to be more conservatives in red districts just like Republicans are going to be more liberal in blue ones

[@iammrbeat]

I am "open" to that.

[@TheLinConcepts]

Anyway love your videos! Keep 'em coming :D

[@olov244]

the road to hell is paved with good intentions. lawmakers need to look past immediate reasons, and look at the long term implications when making rulings like this. I'm in NC, and this paved the way for a veto-proof majority by one party in a state that is roughly 50/50 - which should not be possible. we need to fix our districts, and enact a law that prevents them from ever being manipulated like this again by any party

[@iammrbeat]

State laws, rather than federal, look like the main viable option at this point to reform this.

[@KnuxMaster368]

I look at the map from NC in 1990, and I'm like, "How in the *heck* is this constitutional?" It wasn't. Here's my guide: if a district looks compact, or uses few line segments, or uses county browsers to an extent, it's fine by me.

[@buffaloc20]

Compactness isn't actually that good of an indicator, I drew a Compact 11-2 NC map

[@benjijacobs2049]

Gerrymandering is a problem, and it only got worse with arguably citizens united, as Arnold had said here, is a system where the politicians choose the voters instead of the voters choosing the politicians, gerrymandering need to be changed in some way

[@kayrosis5523]

Gerrymandering, a thing that everyone agrees is awful, but has been damn hard to stop.

[@Googledeservestodie]

Rich neighborhoods gerrymander to have more power: ¯\_(ツ)_/¯ Black neighborhoods do the same: WHOA WHOA WHOA YOU CAN'T DO THAT

[@Dubickimus]

Hell yeah, Fucking ARNOLD!

[@yonathangonzalez6670]

I get the Gerry Connolly reference, he represents Virginia’s 11th District. As a Marylander, we have some of the most gerrymandered districts in the country.

[@rehaanphansalkar4187]

Conservatives must have been livid at Janet Reno, adding to the whole "No new taxes" fiasco

[@xyoungdipsetx]

Do you have a video explains the three houses of representative? What each branch is and who works in it? I was seeing a video of Alexandra Cortez saying she will be inaugurated how can that happen if she’s in Congress? Please reply mr beat

[@saftsuse866]

Jesus Christ, still going on about a misspeak that happened last year. Compared to the things other US politicians, like Trump and Sarah Palin, has said, that misspeak was minor. Mixing up 3 branches of government with the 2 houses isn't that big of a deal when she corrected herself, this is just pushed by conservatives to form a distraction from all the stupid shit Trump says and does.

[@mozardthebest]

@@saftsuse866 At least when Sarah Palin said she could she Russia from Alaska, she wasn't actually wrong. But saying that there are three houses of representatives is entirely wrong, and it makes no sense at all. To imagine someone who's serving in the house doesn't even know what I learned though my 9th grade government class.

[@iammrbeat]

You mean the three branches of government? I wrote a song about that. The heck with Ted-Ed. Those videos are boring.

[@saftsuse866]

@@mozardthebest Oh. This is painful on so many levels. First of, Sarah Palin never said that. It was an SNL sketch. Secondly, nope. You cannot see Russia from Alaska, and even if you could, you could CERTAINLY not see it from Anchorage(which was the joke). The distance between Anchorage and Russia is the same as the distance between London and Milan. Thirdly, considering how she corrected herself, she clearly did know the difference. If she had not known the difference, she could not correct herself. So your claim that she didn't know, is based on your wishful thinking, and nothing else. She misspoke, people do it all the time, it happens. So all your arguments you used there, turned out to be wrong. How exactly do you think AOC is stupider than you? You're way better at being wrong than her.

[@mozardthebest]

@@saftsuse866 While Sara Palin didn't say she could see Russia from her house, she did say it was possible to see Russia from land in Alaska. The actual quote is, "You can actually see Russia from land here in Alaska" This quote is not wrong. There are two islands in the Bering Strait called Little Diomede and Big Diomede, and these islands are part of different countries. Little Diomede is part of the State of Alaska, a part of the United States. And Big Diomede is a part of Russia. Considering this, it is entirely possible to view Russia's Big Diomede from Alaska's LIttle Diomede. No you can't see Russia from Achorage, but Palin never said you could see Russia from Anchorage, she said you can see Russia from land in Alaska. And I just checked the video where she said "three chambers of congress". And you're right, she did correct herself...and still didn't get it right. Instead she said "three chamebers of government", which is still wrong because there are no "chambers of government", there are three branches of government, Congress is one of those branches and Congress has two chambers (the lower chamber being the House and the upper chamber being the Senate). Then she names these "chambers" as the Presidency, the Senate, and the House". So even if she was talking about threee branches, that would be wrong because the House and Senate are not separate branches, they are two of the same legislative branch. And considering that this woman is currently serving in the House and went in without knowing basic U.S. Government, that looks pretty bad. It's not like this is the only time, Ocasio-Cortez spreads a lot of lies and misinformation. And these don't seem to be the lies you hear from a regular politician. A lot of her false statements seem to come from a place of genuine ignorance, and her not knowing what she's talking about. Which makes her quote about the "three chambers of government", all the more sad.

[@waspwrap1235]

Personally, I do think they were right on this decision. It’s not that I am against affirmative action, or the reasons why they did this, but until we fix the corruption of this system completely, people will be able to take advantage of racial gerrymandering being a factor.

[@gadyariv2456]

that's why regional representative elections are inferior to national parliamentary style elections. in the latter system, people just vote for parties rather than individuals, the legislative seats are proportionally allocated according to the number of votes to each party, so even you are the sole voter for a particular party in your region, your vote isn't lost, and you have a legislative representation. the American system encourages the already decisive nature of American politics and encourages political regionalism, I'm pretty sure it's the root cause for many of the U.S's problems.

[@heronimousbrapson863]

That's why here in Canada, I tend to favor a mixed member proportional system as is used in Germany and New Zealand. It won't happen in my lifetime, unfortunately.

[@iammrbeat]

Which is worse, though, political regionalism or partisan tribalism? Why not just change the way districts are drawn? I hate the idea of voting only for a party. I vote for individuals, not parties.

[@Quintinohthree]

@@iammrbeat Can I sign you up for open-list proportional then?

[@gadyariv2456]

​@@iammrbeat but you don't have partisan tribalism if you have a multitude of political parties in a proportional parliamentary system. let's say you are economically liberal, and socially conservative, so you would vote for a party that represent these values. In the legislator your party would need to work with a party that is both economically & socially liberal on economic legislation, and work with a party that is both economically & socially conservative on social legislation. that actually encourages working across the aisle and actually discourages partisan tribalism. if there are more then four parties in the legislator there is always some one you can agree with on at least some issues. American partisan tribalism is a product of the political regionalism. for example, If today an american is a pro-lifer and pro-medicare for all, he/she has no chance for political representation, and he she has too chose which value is more important to hold on to, so you have to adopt the entirety of one of the two parties platforms, live in only among similar minded people, or not participate in the electoral process at all.

[@ceicli]

We have a kjnd of combination in Sweden. We vote for a party, but we can also vote for someone on the party list. If the person get more than 5% in their area they get moved up the list (there are some other rules too...) and get elected. This began in 1998 and give voters more choice, a bit at least. I usually vote for younger women, or just someone younger. Once in a while I vote for a retiree. :)

[@dunk.]

Its kinda fucked up that a guy named Jerry Mander exists and hes not the one who invented gerrymandering

[@BlueHen123]

Arnold has pushed this and glad you recognized him! It is an awful rigging of the system

[@georgewashington673]

Elbridge Gerry was also vice president under James Madison from March 4, 1813 until his death on November 23, 1814

[@paulcroshier6708]

You might add that Shelby County Vs. Holder made this sort of case impossible, as the only reason Janet Reno was involved was because of the preclearance provisions of the Voting Rights Act.

[@CableB_]

There's a law in Australia that says that no District can have a population 10% above the National or state average

[@OpinionesDeJACCsOpinions]

Interesting. I would say that U.S. states with ballot initiatives should probably get this type of law pronto and might be easier than the rest or at the national level.

[@PremierCCGuyMMXVI]

Gerrymandering I feel like is wrong! People are not being properly represented, it can hurt a party! And should be illegal, like some of these districts look so odd...

[@Compucles]

Yeah, any form of affirmative action is just reverse discrimination. Just because bad things happened in the past doesn't mean certain groups deserve an advantage over mostly innocent people in the present.

[@NoBody-lj5xh]

The idea that no body deserves advantage over anyone else just because of the color of thier skin is WHY affirmative action exists. Because the systems and society in our country have become so screwed that things are already artificially biased in one group's favour. If you truly believe that everyone should be equal, put the time you spend whining about how people try and get by in our current unjust system towards instead changing it for the better.

[@kairos9746]

If we changed the House of Representatives to function on a Proportional System and eliminated districts altogether there would be no gerrymandering, though the Proportional system would carry its own issues as well

[@hedgehogcuber6848]

Can you make a video or recommend a video about affirmative action?

[@HistoryNerd808]

If you're looking to recommend a case about aff. act in the Supreme Court brief series, the biggest case regarding it is Regents v Bakke

[@iammrbeat]

Definitely. In fact, I planned on doing it sooner than later.

[@hedgehogcuber6848]

@@HistoryNerd808 Thank you. I wondered if he had one and, if not, if there was a court case about it.

[@HistoryNerd808]

@@hedgehogcuber6848 He doesn't have a case about it but there have been quite a few cases regarding affirmative action, Bakke being the biggest

[@Т1000-м1и]

A Union Indestructible Of the free republics And the name of that Is the Union Soviet We welcome the bright sun Ta-ta-ta ta-ta-ta

[@carsoncavanaugh780]

You know you messed up when the one dude on the Supreme Court who is the same color as the underrepresented ones votes against Reno. OOf

[@romecottrell4558]

I think that Gerrymandering in the U.S.A should be banned in this country 🤔. It unfair to all U.S citizens who are able to vote 🗳 for their politicians.

[@JohnBurke-pt7hl]

Reno was actually not the one who asked for two majority black districts . She was not even the attorney general when the department asked for a second black majority district

[@diegovasquez840]

Topologists and geometers are desperately working to develop a mathematical model that discerns “fair” districts from “unfair” ones. As far as affirmative action, I think a better place to install such measures would be voting systems and political education.

[@nicholasdibari9095]

Great video Mr. Beat!

[@ashtoncollins868]

President during this time: Bill Clinton Chief Justice: William Rehnquist Argued April 20, 1993 Decided June 28, 1993 Case Duration: 69 Days :) Decision: 5-4 in favor of Shaw (Rehnquist, Scalia, Thomas, O’Connor, Kennedy. White, Blackmun, Stevens, Souter for Reno.)

[@Matt-wc2mf]

"Banning Gerrymandering" is always going to be tough because its more the result of a nebulous loophole or built in deficiency than any actual rule breaking. Unless we change the rules for districting to be generated by an algorithm (like half split population line drawing, or something) or something like that, its always going to be up to people to draw the lines, and people in charge are always going to find some way to draw the lines in a way that keeps them in charge as best that they can.

[@iammrbeat]

I like the idea of making districts using an algorithm.

[@Matt-wc2mf]

@@iammrbeat CGP Grey also had a couple pretty good videos on voting systems and gerrymandering, including a brief explanation of population split lines.

[@ch44227]

What? Janet Reno wasn't Attorney General until 1993. How could she have rejected that proposal?

[@fierypollollo9226]

Amazing •~•

[@davestrasburg408]

l couldn't care less about the candidate's skin color, ethnic or geographic origin, or religious affiliation, so long as it is a good person.

[@absolutemeathead4606]

RBG wasn’t in the Supreme Court in 1990??? She must’ve been like 70 when she was sworn in

[@iammrbeat]

She was sworn in at the beginning of the Clinton administration.

[@absolutemeathead4606]

Oh ok so not long after

[@Gallalad1]

Btw Gerry is pronounced Jerry in Ireland and in Britain, so I presume that's why we pronounce Gerrymandering with a J sound

[@DugrozReports]

2:22 - the historic "Gerrymandered" district looks nothing like a salamander? How About a dragon? (I guess "Gerry-gon" didn't ring as well...)

[@johnkerry6312]

Thurgood Marshall -> Clarence Thomas Byron White --> Stephen Breyer William Rehnquist-> John Roberts Sandra Day O’Connor-> Samuel Alito David Souter--> Sonia Sotomayor John Paul Stevens-> Elena Kagan Antonin Scalia--> Neil Gorsuch Anthony Kennedy--> Brett Kavanaugh Ruth Bader Ginsburg> Amy Coney Barrett

[@johnkerry6312]

1991 1994 2005 2006 2009 2010 2017 2018 2020

[@jimfromdiscord.8904]

I don't know who this Gerry is, but if he doesn't stop mandering, I'm gonna have a talk with the guy.

[@fishguy510]

This is my favourite supreame court briefs

[@loganmoore6340]

I've never seen such a Gerrymander in all my life.

[@waz1y]

My history teacher sent me here!

[@conorwinston6205]

If this puzzle is solved in our lifetimes, I'll be very surprised. No matter how you slice the pie, somebody is going to get left out.

[@blueerosion]

Iowa’s districts are drawn by a nonpartisan committee which is why there is no gerrymandering there. That should be mandatory for all states tbh.

[@Mike-rs1sv]

The Conservative Justices played it smart because it they allowed racial gerrymandering for a good reason it would be difficult to justify striking down a map with racial gerrymandering for a bad reason. You have stick up to your Principles even if there unpopulated at the time.

[@salilbhatnagar]

Why didn't this come out when I was doing my ap gopo project of 31 sc case briefings? THIS WAS ONE OF THEM!!

[@johndanielson3777]

Racial Gerrymandering: Unconstitutional Partisan Gerrymandering: Perfectly fine

[@jwil4286]

Racial gerrymandering is outlawed in the VRA. Partisan gerrymandering is not. Note: I am NOT saying I support it; just saying that the VRA outlaws racial gerrymandering but nothing outlaws partisan gerrymandering.

[@feliflak9894]

Having Single Transferable Vote or List Proportional electoral systems would fix this problem

[@localattucson]

Thanks!

[@organizedchaos4559]

What kind of logic is it that if a district of majority African American they will vote one in?

[@mwolsen96]

Boy, can you imagine a time when North Carolina WANTED there to be a black representative?!?

[@bonecanoe86]

It would be nice if there could be some kind of algorithm that creates congressional districts based on an unbiased mathematical model.

[@OpinionesDeJACCsOpinions]

There's a group that is trying to use algorithms to proof Partisan Gerrymandering via creating endless maps to show what isn't partisan and what is so that the Supreme Court could easily determine which is which and why as partisan maps are hard to define, we know they exist, but how can one proof that is the question the Supreme Court wants answered before it ever makes a decision.

[@EPluribusUnumYT]

Oh hey Congressmen Price. You've been Gerrymandered to be my Rep since 3 Years before I was born. Nice of you to stop by.

[@iammrbeat]

So you're saying he doesn't really...represent you :(

[@EPluribusUnumYT]

@@iammrbeat Eh, in the 30 years he's been there (8 Years, a Republican beat him and served 1 term, then 22 Consecutive years) he's had ups and downs. And since he's gerrymandered in a Deep Blue District, he's more open to doing the bad because he'll win no matter who I voted for. (And last time around it just happened to be him.)

[@Jacaerys1]

@@EPluribusUnumYT maybe If Republicans didn't cheat In NC this past midterms I'd feel more sympathy for you.

[@Jacaerys1]

@U Haul you didn't see one of the Republican NC house reps got caught cheating. They threw out and changed people's votes. The NC Supreme Court refused to certify him. His name Is Mark Harris.

[@KnuxMaster368]

Jalen Barber Source?

[@chrrmin1979]

Woo new Mr beat! For anyone who wants to better understand gerrymandering, look up the game Gerrymander on the app store, it's free, fun, and makes you understand the impact it can have on elections

[@deezynar]

I vote issues, not skin color. I believe that we are all one race. I don't care what color a candidate is as long as he/she supports my views and is able to communicate them well. I hate the idea that anyone would vote for someone just because of their skin color. But I have even more contempt for setting up district boundaries with the intention to keep people with a certain skin color from being elected.

[@tyhatch3771]

I can see the argument for giving a voice to under-represented voters, but I think the fact that people of different ethnicities are viewed as culturally different is a greater issue. In a perfect world, we would be able to build a society where genetics do not play a part in which community you identify with. I guess it really comes down to whether we think of racial-cultural differences as a fact of life, or as something we can homogenize in the future.

[@mozardthebest]

Mr. Beat, can you please do Furman v. Georgia and Gregg v. Georgia.

[@weiyuchen5601]

AP required list.

[@iammrbeat]

Indeed. Where all my AP Gov students at?

[@Eli-th3xi]

Mr. Beat right here

[@hellodugfudu103]

Mr. Beat we still here, test tomorrow

[@JohnBurke-pt7hl]

that case did not very limit black representation in the state as both of the Black members won with different districts

[@mathieuleader8601]

ooh its back

[@heronimousbrapson863]

Gerrymandering happens in Canada too.

[@iammrbeat]

Yeah, I am not aware of redistricting issues in other countries, but I figured this is not a uniquely American thing

[@jamescogswell9297]

Mr. Beat Actually, at least on a national level gerrymandering functionally does not exist in Canada. All districts are drawn by non-partisan third parties using collected census data. However, I think a couple of local districts for municipal elections have been questioned before.

[@MrJesseQuinn]

Supreme Court was right. Mr. Beat what's your opinion on Rucho vs. Common Cause?

[@quadsnipershot]

The district should be based of the county you live in I feel. Not really an easy way to draw a map if people on either side change it

[@williamfarmer7906]

Great video!!!

[@drmajalis1583]

Gerrymandering is next to impossible if you have a proportional representation system, keep that in mind when you're looking for solutions.

[@LongshotRecordsTV]

Interesting. Is there a state that has an example of the most fair non-bias districts? Or is every state gerrymandered in a way to tilt the balance of power?

[@iammrbeat]

Delaware, Wyoming, Montana, hahahaha but seriously....Colorado, Missouri, and Michigan and voted for more non-biased methods of redistricting www.npr.org/2018/11/07/665112546/voters-pass-non-partisan-redistricting-measures?scrlybrkr=125dd141

[@LongshotRecordsTV]

@@iammrbeat Thank you!

[@milesjolly6173]

What about just going back to multiple at-large districts? I think that used to be a thing in a lot of states. So like California could have 53 (or soon to be 52) representatives but they’re all elected at-large. Every other state with 2 or more districts would just elect everyone at large. The single representative states would carry on as they are now unless they get extra representatives. Why can’t America do that again? Or is it illegal now or too complicated? I’m just curious. Thank you

[@Idahoguy10157]

The Constitution gives the States the right to make their own district. Racial Gerrymandering in favor of minority’s is still Gerrymandering. Congress and the Supreme Court should step lightly.

[@murilo7794]

And people still say black people don't have unfair advantages

[@sean_king]

So it was clarence thomas who was against the gerrymander, huh?

[@sean_king]

Well, given the circumstances behind the case, I suppose he never was pro or anti-gerrymandering. He's only anti-civil rights