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Kalman
Jan 17, 2010

Yashichi posted:

I'm sure you thought this was clever but it doesn't mean anything. The issue people in this thread seem to have with districts is that they don't accurately represent the preferences of the population. There are definitely issues with fulfilling this goal accurately and consistently. The problem is that these objectives aren't shared by everyone. If you could magically convince everyone to agree on their priorities it probably wouldn't be too difficult to find a workable solution.

Yes, that was exactly what I said. The problem is not that it's particularly hard to fulfill the objectives - it's well within the capabilities of people with pencil and paper. All making it an algorithm does it make it *seem* neutral - people who don't draw fair districts by hand are just going to choose algorithms that don't produce fair districts (and this is in fact his it works in practice - gerrymandering is computer aided these days.)

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mila kunis
Jun 10, 2011

tsa posted:

Even if they reverse CU it will do pretty much nothing to stop 'money in politics' because the first amendment exists and it would take a radically different reading of it to allow for the sort of restrictions of political speech that lefties are imagining. Even countries without the hurdle of the first and have a lot of latitude in restricting political speech have found themselves unable to impact the problem in a meaningful way for that matter because without completely draconian restrictions you aren't going to stop money from finding it's way in.

Would it really? The first amendment would prevent any regulations preventing the warping effect of money on politics?

What kind of regulations on contributions that could work would be considered 'draconian', out of curiosity?

Jarmak
Jan 24, 2005

evilweasel posted:

Your "we can't have a perfect system ergo all systems are imperfect" is doing a lot of work here, specifically smearing together that there are more and less imperfect ways to do it. There are no compelling arguments for why gerrymandering so a minority can get a majority of the seats. There are many ways you can consider "accurately representing" the population and there's ones that are a lot more solid than others.

For example, a system where I represent the entire population and pass that right on to my heirs is, in a certain sense, somewhat representing the population. I cast the vote for the whole population, it's my job. But that's a lot more imperfect than gerrymandered districts, which is a lot more imperfect than systems that generally have some form of proportional representation or are more likely to award control to the genuine majority.

I think the argument is that there's no perfect way to do it in a truly neutral/ideal fashion (both because there are legit disagreements about how to best represent people and because the people picking the algorithm will themselves have partisan purpose) so it's better to have partisanship out in the open than enshrine it secretly in the guise of false neutrality.

I'm not so sure that even a very imperfect algorithm wouldn't be far better then we have now... but the argument is not without merit.

HappyHippo
Nov 19, 2003
Do you have an Air Miles Card?

Jarmak posted:

I think the argument is that there's no perfect way to do it in a truly neutral/ideal fashion (both because there are legit disagreements about how to best represent people and because the people picking the algorithm will themselves have partisan purpose) so it's better to have partisanship out in the open than enshrine it secretly in the guise of false neutrality.

I'm not so sure that even a very imperfect algorithm wouldn't be far better then we have now... but the argument is not without merit.

I can't see any merit in that argument at all.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
My objection is to the idea of an objective answer to the representation problem (majoritarian representation is itself an ideologically laden position). As far as who draws the lines, yes, I agree that an independent entity would be better- however, the underlying and unavoidable bias of the method will remain a problem. "Improvement" remains a questionable premise when not interrogated. The algorithm approach works by handwaving the entire process that goes into deciding what the algorithm should achieve. Again, computer systems don't change this much-we've always had the ability to go to a formulaic representation approach. There's a reason we don't.

archangelwar posted:

Believing that there is no perfectly neutral legal philosophy also means you should never strive to improve democracy? How in the gently caress did this sound remotely reasonable in your head?

The idea of what representation should look like, beyond using "democracy" as a moral freight term to paper over the complications involved, is the representation problem. I'm fine with seeking ways to improve things. I don't think a uniform and innately value-laden approach is the correct one.

Discendo Vox fucked around with this message at 21:41 on Aug 20, 2016

YOLOsubmarine
Oct 19, 2004

When asked which Pokemon he evolved into, Kamara pauses.

"Motherfucking, what's that big dragon shit? That orange motherfucker. Charizard."

Dead Reckoning posted:

Ten days ago, VS was arguing that jurisprudence was inherently political, and it was therefore acceptable for SC justices to have a nakedly partisan agenda because true neutrality can't exist and it's foolish to pretend otherwise. Today, DV is saying that the representation problem is inherently political and that we should abandon attempts to dress the process up as "neutral." VS thinks that's absurd.

Where is your realism now?

Well, there are at least two problems with this. The first is that there is no inconsistency. In both cases the assumption is that people will always have political bias, be they a judge or the person drawing a district, but it's possible to lessen the effect of that bias in districting by putting the people at a remove, whereas there's no way to have an algorithm decide court cases. Besides which, the power of any individual judge is limited and they are subject to appeal.

The other problem is representation is the foundational principle of all of our other systems of government including the judicial branch. If you're unhappy with a judge you can either vote them out directly or vote out the person who appointed them. If you are unhappy with being denied accurate representation due to gerrymandering you can't vote your way out of that because, surprise, your vote has been engineered to be meaningless.

Yashichi
Oct 22, 2010

Discendo Vox posted:

My objection is to the idea of an objective answer to the representation problem (majoritarian representation is itself an ideologically laden position). As far as who draws the lines, yes, I agree that an independent entity would be better- however, the underlying and unavoidable bias of the method will remain a problem. "Improvement" remains a questionable premise when not interrogated. The algorithm approach works by handwaving the entire process that goes into deciding what the algorithm should achieve. Again, computer systems don't change this much-we've always had the ability to go to a formulaic representation approach. There's a reason we don't.

If you agree that it would be better, why do you immediately retreat to the position that we can never change anything? The fact that all solutions are flawed does not mean we should prefer the status quo. Why not work to minimize known biases? This is a very concrete problem and we have seen specific suggestions to address particular issues. It's also a bit much to claim that the sole reason districts aren't drawn in a formulaic way is the inherent bias of the process compared to current practice.

Discendo Vox posted:

The idea of what representation should look like, beyond using "democracy" as a moral freight term to paper over the complications involved, is the representation problem. I'm fine with seeking ways to improve things. I don't think a uniform and innately value-laden approach is the correct one.

The concept of "inherently value-laden" is doing work in a bunch of illegitimate ways here. For one thing, it doesn't make sense to reject ideas for being "inherently value-laden", since favoring democracy over some other system is a value. I'm also not sure why you object to a uniform approach to the governance of a single country.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

Yashichi posted:

If you agree that it would be better, why do you immediately retreat to the position that we can never change anything? The fact that all solutions are flawed does not mean we should prefer the status quo. Why not work to minimize known biases? This is a very concrete problem and we have seen specific suggestions to address particular issues. It's also a bit much to claim that the sole reason districts aren't drawn in a formulaic way is the inherent bias of the process compared to current practice.

I don't say that we can never do anything. I disagree with quantitative or other supposedly "objective" districting schema. I also don't claim that the sole reason districts aren't drawn according to formula is the inherent bias of pseudo-objective approaches.

Yashichi posted:

The concept of "inherently value-laden" is doing work in a bunch of illegitimate ways here. For one thing, it doesn't make sense to reject ideas for being "inherently value-laden", since favoring democracy over some other system is a value. I'm also not sure why you object to a uniform approach to the governance of a single country.

"democracy" isn't sufficiently well-defined to mean anything for districting. It's also not an untrammelled good. Though our elections are democratic(and the word "democratic contains multitudes there), they're part of a larger system of republican checks and balances- power over the districting process (aside from those barred constitutionally) has historically been one of those.

Discendo Vox fucked around with this message at 23:58 on Aug 20, 2016

Yashichi
Oct 22, 2010

Discendo Vox posted:

I don't say that we can never do anything. I disagree with quantitative or other supposedly "objective" districting schema.
I'm not sure what you mean by this. What does a representation system with no quantitative component look like?

Discendo Vox posted:

I also don't claim that the sole reason districts aren't drawn according to formula is the inherent bias of pseudo-objective approaches.

Discendo Vox posted:

we've always had the ability to go to a formulaic representation approach. There's a reason we don't.
You're implying you know the reason. What is it, and how do you know?

Discendo Vox posted:

"democracy" isn't sufficiently well-defined to mean anything for districting. It's also not an untrammelled good. Though our elections are democratic(and the word "democratic contains multitudes there), they're part of a larger system of republican checks and balances- power over the districting process (aside from those barred constitutionally) has historically been one of those.

Let me phrase this differently. Having elections for representatives at all is already a value-laden choice. Every institution of government is based on the values of the people who founded it and operated it. I'm not appealing to some squishy "democracy", I'm trying to point out that it doesn't make sense to reject changes just because they aren't value-neutral. Nothing you state here supports the idea that we should prefer the current districting process to alternatives on the grounds that the change would be "inherently value-laden".

VitalSigns
Sep 3, 2011

Dead Reckoning posted:

Ten days ago, VS was arguing that jurisprudence was inherently political, and it was therefore acceptable for SC justices to have a nakedly partisan agenda because true neutrality can't exist and it's foolish to pretend otherwise.

No I wasn't arguing that.

I was arguing that justices have different philosophies and those least to different rulings while still being internally consistent. The problem is you seem to think that anytime a justice agrees with you they're being "neutral" and anytime they disagree with you they're being "nakedly political".

VitalSigns fucked around with this message at 01:03 on Aug 21, 2016

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

Yashichi posted:

Let me phrase this differently. Having elections for representatives at all is already a value-laden choice. Every institution of government is based on the values of the people who founded it and operated it. I'm not appealing to some squishy "democracy", I'm trying to point out that it doesn't make sense to reject changes just because they aren't value-neutral. Nothing you state here supports the idea that we should prefer the current districting process to alternatives on the grounds that the change would be "inherently value-laden".

Again, I'm not disagreeing with any and all changes to the districting process. I'm disagreeing with ones that use a single pseudo-objective quantitative method. I've said this three times now. That should be sufficient. Try Jarmak's restatement, if that would help.

Yashichi
Oct 22, 2010

Discendo Vox posted:

ones that use a single pseudo-objective quantitative method. I've said this three times now.

This doesn't mean anything! It doesn't matter how many times you say it!

I understand your point perfectly well, but you don't seem to want to support it with anything. You also aren't any help in trying to pin down these nonsensical classifiers you've created, so I'm going to let this drop.

Trillary Flinton
Aug 3, 2016
As a lurker here I feel like I'm missing something, so sorry if the answer is really obvious:
So what exactly is wrong about an algorithmic process to design districts? The example I'm familiar with is one that subdivides states recursively in half so that each subdivision has an equal number of people.
My gut instinct would be that it would avoid a lot of manipulation of district demographics because almost no one is willing to move for political reasons(c.f. New Hampshire libertarians).

Tuxedo Catfish
Mar 17, 2007

You've got guts! Come to my village, I'll buy you lunch.
Can anyone link me to the full text of the court filing for the Maurice Walker v. City of Calhoun case in this article?

Alternatively, if you know or feel like doing the work -- are they reasoning that the equal protection clause should be extended to "the poor" or is there some other reason why the 14th amendment would bar holding people too poor to afford bail in jail?

Deteriorata
Feb 6, 2005

Trillary Flinton posted:

As a lurker here I feel like I'm missing something, so sorry if the answer is really obvious:
So what exactly is wrong about an algorithmic process to design districts? The example I'm familiar with is one that subdivides states recursively in half so that each subdivision has an equal number of people.
My gut instinct would be that it would avoid a lot of manipulation of district demographics because almost no one is willing to move for political reasons(c.f. New Hampshire libertarians).

Because while the algorithm will apply its rules in an unbiased way, the rules themselves may be biased depending on who wrote them. An algorithm would be fine once everybody agrees what the ground rules are.

Representation strictly by geography is not the only way to do it. You can assign representation based on ideology, or culture, or urban/suburban/rural (similar problems/concerns) or maybe even topography (like putting a river transportation system in one district to have one person in charge of it), or many other ways.

People can disagree on what criteria should be used for determining representation. Once the interested parties agree on that, the matter of actually drawing the districts is trivial.

Trillary Flinton
Aug 3, 2016

Deteriorata posted:

Because while the algorithm will apply its rules in an unbiased way, the rules themselves may be biased depending on who wrote them. An algorithm would be fine once everybody agrees what the ground rules are.

That's why I gave an example that partitioned districts by population, I wish I could find a link to it though because it passed the test of not making Florida a gerymandered shithole which seems like a pretty good way to define what a "good" algorithm is.

edit: I mean, "well if the algorithm is bad then the result is bad" seems pretty self-evident, and I mean, the current system is totally hosed as it is.

Trillary Flinton fucked around with this message at 03:56 on Aug 21, 2016

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

Tuxedo Catfish posted:

Can anyone link me to the full text of the court filing for the Maurice Walker v. City of Calhoun case in this article?

Alternatively, if you know or feel like doing the work -- are they reasoning that the equal protection clause should be extended to "the poor" or is there some other reason why the 14th amendment would bar holding people too poor to afford bail in jail?

here's the main docs

here's the DOJ filing

It looks like the answer, after a very quick skim, is yes. That's not an area I know much about, though, so I don't know that it's necessarily that much of a new step.

Trillary Flinton posted:

That's why I gave an example that partitioned districts by population, I wish I could find a link to it though because it passed the test of not making Florida a gerymandered shithole which seems like a pretty good way to define what a "good" algorithm is.

Is the link, at root, by someone who was promoting the particular rule?

Discendo Vox fucked around with this message at 03:57 on Aug 21, 2016

Deteriorata
Feb 6, 2005

Trillary Flinton posted:

That's why I gave an example that partitioned districts by population, I wish I could find a link to it though because it passed the test of not making Florida a gerymandered shithole which seems like a pretty good way to define what a "good" algorithm is.

The point is that 10 different people will give 10 different definitions of what "good" is. There is no inherent merit in a district being geographically compact, other than it looking pretty.

Trillary Flinton
Aug 3, 2016

Discendo Vox posted:

Is the link, at root, by someone who was promoting the particular rule?

Sorry, I don't understand the question.

computer parts
Nov 18, 2010

PLEASE CLAP

Trillary Flinton posted:

That's why I gave an example that partitioned districts by population, I wish I could find a link to it though because it passed the test of not making Florida a gerymandered shithole which seems like a pretty good way to define what a "good" algorithm is.

Districts are already partitioned by population, that's one of the rules of creating them.

Trillary Flinton
Aug 3, 2016

Deteriorata posted:

The point is that 10 different people will give 10 different definitions of what "good" is. There is no inherent merit in a district being geographically compact, other than it looking pretty.

For the sake of argument, can you provide a better description of "good" that doesn't make it really easy to gerrymander? But on a more general level, are you saying that there's nothing inherently wrong with it, just that it's not really easy to come up with a specific algorithm? Because if so then yeah I agree.

Jimbozig
Sep 30, 2003

I like sharing and ice cream and animals.
An unbiased algorithmic approach (and one is 100% possible and simple to create) will end up chopping up cities haphazardly. Thus is much better than the way we currently chop up cities to benefit Republicans (or specific incumbents, etc.) This sort of haphazard chopping defeats much of the point of electoral districting in the first place - you might as well go to a proportional system at that point since the district won't represent any common concerns but just a random area of unconnected people.

But moving to a proportional system is basically unthinkable because people hate change. But the people most committed to reform don't want to support any nonproportional system. So nothing gets done.

Trillary Flinton
Aug 3, 2016

computer parts posted:

Districts are already partitioned by population, that's one of the rules of creating them.

Yeah, but it seemed like Deteriorata was trying to argue otherwise. I may have misunderstood though.

Finally found it, this is the specific algorithm that I was talking about. It seems like its pretty effective to me.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Discendo Vox posted:

Again, I'm not disagreeing with any and all changes to the districting process. I'm disagreeing with ones that use a single pseudo-objective quantitative method. I've said this three times now. That should be sufficient. Try Jarmak's restatement, if that would help.

this must be the only time someone has referenced a jarmak post favorably

the cato institutes amicus in that case is pretty cool

quote:

A. The English Authorities from Before the Magna Carta to the Revolution Confirm the Right to Bail

Since time immemorial, concomitant to the general right to pre-trial liberty, bail has been a procedural right for all offenses against the Crown, except for those specifically excluded at law. See, e.g., 4 William Blackstone, Commentaries *295 (“By the ancient common law, before and since the [Norman] conquest, all felonies were bailable, till murder was excepted by statute; so that persons might be admitted to bail before conviction almost in every case.” (footnotes omitted)); accord generally 2 William Hawkins, A Treatise on the Pleas of the Crown, bk. 2, ch. 15, at 138 (8th ed., 1716, reprnt’d 1824); 2 Co. Inst. 191; Sir Edward Coke, A Little Treatise of Baile and Maineprize (1635) (listing the offenses for which a person had a right to bail and no right to bail at common law); 2 Henri de Bracton, De Legibus et Consuetudinibus Angliae 295 (c. 1235, reprnt’d 1990). This tradition of bail rights continued through the Magna Carta, the English Revolution, the English Restoration, the Colonial Era, and into American jurisprudence.

“[T]he root idea of the modern right to bail” originates from “tribal customs on the continent of Europe,” developing far earlier than parchment barrier guarantees of freedom like the Magna Carta or the Constitution. Elsa De Haas, Antiquities of Bail: Origin and Development in Criminal Cases to the Year 1275, at 128 (1966); accord 2 Sir Frederick William Pollock & Frederic William Maitland, The History of English Law Before the Time of Edward I, at 458-60 (2d ed. 1898, reprnt’d 1984). Those customs used a financial bond “as a device to free untried prisoners.” Daniel J. Freed & Patricia M. Wald, Bail in the United States: 1964, at 1 (1964). Pre-Normal England was largely governed by the Germanic tribal custom of wergild2 carried over by the Saxons—wergild payment is the ancient root of surety bail. De Haas, supra, at 3-15. Wergild was the payment due to a family for the slaying or assault of a relative. Id. at 11-13. By providing sufficient surety that the wergild would be paid, the blood feud between the families subsided and the perpetrator was given safe conduct. Id. at 12-13. The surety of the wergild evolved into the concept of bail thereafter. This system pervaded until William the Conqueror imported Frankish law.

As the Germanic law evolved into the classic common law of post-Norman Conquest England, the wergeld surety became the crown pleas of replevy and mainprize, secured by bail pledges circa 1275. See 2 Pollock & Maitland, supra, at 584; De Haas, supra, at 32-33, 64-65, 68, 85 (noting that the pleas are listed in the Statute of Westminster I). The writs were aimed at the “release of the alleged criminal,” as “bail as a right of free men assumed greater proportions of importance.” De Haas, supra, at 85, 129. Near the end of the Danish and Wessex Kings’ rule over the British Isles in the 1000s, King Canute II (the Great) instituted the frankpledge system which subdivided the people of the realm by household into groups of ten—a tithing—that were bound for the surety of each-other to appear in criminal offenses. Timothy R. Schacke, Fundamentals of Bail: A Resource Guide for Pretrial Practitioners and a Framework for American Pretrial Reform 25 (2014); 4 William Blackstone, Commentaries, *249. The frankpledge system complimented a robust private surety system. De Haas, supra at 49-50.

In 1215, the Magna Carta codified the fundamental right to pretrial liberty: “No free man shall be arrested or imprisoned . . . or victimized in any other way . . . except by the lawful judgment of his peers or by the law of the land.” Magna Carta ch. 32 (1216); accord Magna Carta ch. 39 (1215); Magna Carta ch. 29 (1225); 2 Co. Inst. 190, 191 (“[t]o deny a man replevin that is replisable, and thereby to detain him in prison, is a great offense . . .”); see also Kennedy v. Mendoza–Martinez, 372 U.S. 144, 186 (1963) (noting the same). Thus, men were to be left at liberty until there is a verdict in their cases. Indeed, “the King’s courts at Westminster” were greatly concerned with “‘the liberty of the subject’” in bail cases. Cf. 2 Pollock & Maitland, supra, at 586. The 1275 Statute of Westminster laid out which crimes were bailable and those where the right to bail may be abrogated by the risk of disturbance of the peace of the community, as well as creating severe punishments for corrupt sheriffs. Statute of Westminster I, 3 Edw. III, c. 3, 15; De Haas, supra, at 95.

Following the Norman Conquest, it became apparent that the sheriffs (shirereeves) responsible for groups of frankpledged tithings were corrupt in their administration of bail through writs of bail, replevy, and mainprize. United States v. Edwards, 430 A.2d 1321, 1326 (D.C. Cir. 1981) (en banc) (noting that sheriffs’ bail “power was widely abused by sheriffs who extorted money from individuals entitled to release without charge” and “accepted bribes from those who were not otherwise entitled to bail”); De Haas, supra at 90-95. In 1166, bail, mainprize, and replevy for crimes of royal “concern” were thus committed to judicial discretion as crown pleas that must be heard by a crown court. De Haas, supra, at 60-61. The Normans also incorporated grand juries into the justice system, and established a system of circuit-riding judges. Schacke, supra, at 25; De Haas, supra at 58-63 (discussing the 1166 Assize of Clarendon); see also Smith v. Boucher, 10 Geo. 2 136, 136, 27 Eng. Rep. 782, 783 (Hardwicke, J.) (K.B. 1736) (“[T]o settle the quantum of that bail . . . is still subject to the power of the Judge.”).

Statutes between 1150 and the 1400s curtailed the powers of the sheriffs in bail in response to malpractice and heaped on penalties for abuses. De Haas, supra at 95-96 & n.277 (collecting statutes). Abuse of the right to bail by the Stuart King Charles I lead to the adoption of the Petition of Right in 1628, overruling the King’s judges in Darnel’s Case who interpreted the Magna Carta as not applying to pre-trial liberty. Petition of Right, 3 Car. I, c.1 (1628); Darnel’s Case, 3 How. St. Tr. 1 (1627); 3 Sir Edward Coke, The Selected Writings and Speeches of Sir Edward Coke 1270 (Steve Sheppard, ed., 1st ed. 2003) (MP Sir Edward Coke’s report on the framing of the Petition of Right to the Committee of the Whole Commons). In 1679, in response to further abuses of the Stuart kings and their sheriffs, Parliament passed the Habeas Corpus Act, strengthening the rights andprotections of the Magna Carta and the Assize of Clarendon. Habeas Corpus Act of 1679, 31 Cha. II. c2. The Habeas Corpus Act secured judicial review of detention, including whether a person was replevable and thus entitled to bail release upon a pledging of sufficient surety. Id.

In 1689, Parliament underscored the importance of the right to pre-trial liberty by expressly including a right against excessive bail in the Bill of Rights, thereby legislating against a chief form of attack on the fundamental right to bail employed by the Stuart Kings—the unlawful holding of prisoners through unaffordable bail. Bill of Rights, 1 W. & M., c. 2 (1689). The common law of the right to pre-trial liberty through bail continued through to the Revolution and was carried into the federal Constitution, state constitutions and federal law. E.g., 4 William Blackstone, Commentaries *295.

EwokEntourage fucked around with this message at 04:27 on Aug 21, 2016

Potato Salad
Oct 23, 2014

nobody cares


Proportional representation also brings up the question of actually recognizing parties in the states -- am I right in my thinking that the union doesn't actually formally recognize parties as an entity? Phrased differently: to actually vote for proportional representation, you'd actually have to have a party on a ticket as opposed to a person, right? We don't actually vote for parties in the states?

Tuxedo Catfish
Mar 17, 2007

You've got guts! Come to my village, I'll buy you lunch.

Discendo Vox posted:

here's the main docs

here's the DOJ filing

It looks like the answer, after a very quick skim, is yes. That's not an area I know much about, though, so I don't know that it's necessarily that much of a new step.

My understanding (secondhand from my conlaw professor anyways) is that it would be an almost unthinkably massive change if it became precedent.

Thank you, in any case!

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

Trillary Flinton posted:

Yeah, but it seemed like Deteriorata was trying to argue otherwise. I may have misunderstood though.

Finally found it, this is the specific algorithm that I was talking about. It seems like its pretty effective to me.

Right, I remember this one. Compactness is not always the primary goal of districting. "Communities of interest", to use the article's language, are in fact a valid goal- or at least are one under some theories. I especially appreciate the author acknowledging that we'd have to remove the VRA to enact "programmatic" districting, but that it would be better "in the name of representative democracy".

More generally, it's part of the forum-favorite category, "STEM major solves centuries-old social problem in minutes with programming, declares objections and alternatives unimportant".

Tuxedo Catfish posted:

My understanding (secondhand from my conlaw professor anyways) is that it would be an almost unthinkably massive change if it became precedent.

I guess the next step is to follow the cases DOJ cites and see if they're also on 14th grounds.

edit: skimming Griffin, it seems like an extension, but not a particularly radical one. I'd be curious to see what has happened regarding indigent defendants and equivalent fees at the federal level.

Discendo Vox fucked around with this message at 04:49 on Aug 21, 2016

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Jimbozig posted:

An unbiased algorithmic approach (and one is 100% possible and simple to create) will end up chopping up cities haphazardly. Thus is much better than the way we currently chop up cities to benefit Republicans (or specific incumbents, etc.) This sort of haphazard chopping defeats much of the point of electoral districting in the first place - you might as well go to a proportional system at that point since the district won't represent any common concerns but just a random area of unconnected people.

But moving to a proportional system is basically unthinkable because people hate change. But the people most committed to reform don't want to support any nonproportional system. So nothing gets done.
I think this is what everyone should be posting. The specific point of districting is to create undemocratic outcomes. If all parties agree that districting is good, complaining that districting creates outcomes that differ from proportional representation is an absurd complaint.
edit:
Assuming a modern society that can easily hold state/nation wide elections.

twodot fucked around with this message at 05:27 on Aug 21, 2016

Platystemon
Feb 13, 2012

BREADS

Discendo Vox posted:

I especially appreciate the author acknowledging that we'd have to remove the VRA to enact "programmatic" districting, but that it would be better "in the name of representative democracy".

The part of the VRA that gerrymanders minorities into 80%+ Democratic districts is kind of bad.

30 TO 50 FERAL HOG
Mar 2, 2005



twodot posted:

I think this is what everyone should be posting. The specific point of districting is to create undemocratic outcomes. If all parties agree that districting is good, complaining that districting creates outcomes that differ from proportional representation is an absurd complaint.
edit:
Assuming a modern society that can easily hold state/nation wide elections.

This is dumb and wrong.

Districts aren't designed to create undemocratic outcomes. Gerrymandered districts are. Nobody looks at this and says "yeah this is good" except for the people who benefit from it



We have a solution to this and it isn't hard. Districts should be equal in population and should be compact. Everyone ignores the compact part and for whatever reason courts don't enforce it. Maybe with an actual liberal Supreme Court we might see some changes on this issue but the problem lies solely on the judiciary.

30 TO 50 FERAL HOG fucked around with this message at 05:53 on Aug 21, 2016

computer parts
Nov 18, 2010

PLEASE CLAP

BiohazrD posted:

This is dumb and wrong.

Districts aren't designed to create undemocratic outcomes. Gerrymandered districts are. Nobody looks at this and says "yeah this is good" except for the people who benefit from it



Please note that the people who benefited from this were the residents of the district.

Specifically, this district was formed so the first Hispanic Representative in Chicago could be elected.

rscott
Dec 10, 2009
Isn't that district designed so that a Hispanic American would get elected to congress? There are several districts designed to be majority minority because that's the only way anyone was gonna vote for a minority back in the 60s (and now too, tbh)

30 TO 50 FERAL HOG
Mar 2, 2005



computer parts posted:

Please note that the people who benefited from this were the residents of the district.

Specifically, this district was formed so the first Hispanic Representative in Chicago could be elected.

Who gives a poo poo. It doesn't matter if this garbage benefits a district composed entirely of clones of RBG electing another RBG to the house. If it is not roughly equal in population and compact it should be invalidated.

30 TO 50 FERAL HOG fucked around with this message at 05:57 on Aug 21, 2016

computer parts
Nov 18, 2010

PLEASE CLAP

BiohazrD posted:

Who gives a poo poo.

The inhabitants of that district care, and approve of its boundaries.

30 TO 50 FERAL HOG
Mar 2, 2005



computer parts posted:

The inhabitants of that district care, and approve of its boundaries.

White southerners also approved of lynchings. That doesn't make them right.

computer parts
Nov 18, 2010

PLEASE CLAP

BiohazrD posted:

White southerners also approved of lynchings. That doesn't make them right.

Yeah, Hispanics wanting a Hispanic representative is totally equivalent to lynchings.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

BiohazrD posted:

This is dumb and wrong.

Districts aren't designed to create undemocratic outcomes. Gerrymandered districts are. Nobody looks at this and says "yeah this is good" except for the people who benefit from it



We have a solution to this and it isn't hard. Districts should be equal in population and should be compact. Everyone ignores the compact part and for whatever reason courts don't enforce it. Maybe with an actual liberal Supreme Court we might see some changes on this issue but the problem lies solely on the judiciary.
I mean I agree this district was created to effect undemocratic outcomes, that's my point. What's a reason to have districting other than to skew results from what a proportional election would bring about?

30 TO 50 FERAL HOG
Mar 2, 2005



twodot posted:

I mean I agree this district was created to effect undemocratic outcomes, that's my point. What's a reason to have districting other than to skew results from what a proportional election would bring about?

You're voting for someone geographically close to where you live and in theory they will be better suited to represent you. It also simplifies the voting process as otherwise you'd have 1000 people on every ballot as you would be voting for every rep for your entire state. You'd have people changing their names to Aaron Aardvark so they would be at the top of the ballot.

Platystemon
Feb 13, 2012

BREADS

BiohazrD posted:

We have a solution to this and it isn't hard. Districts should be equal in population and should be compact. Everyone ignores the compact part and for whatever reason courts don't enforce it. Maybe with an actual liberal Supreme Court we might see some changes on this issue but the problem lies solely on the judiciary.

Compact districts don’t solve anything. Democrats are more geographically concentrated than Republicans.

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twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

BiohazrD posted:

You're voting for someone geographically close to where you live and in theory they will be better suited to represent you. It also simplifies the voting process as otherwise you'd have 1000 people on every ballot as you would be voting for every rep for your entire state. You'd have people changing their names to Aaron Aardvark so they would be at the top of the ballot.
I think Australia has solved the complicated ballot problem, and randomized ballot listing solves the name problem (and if your voters are so uniformed they'll vote for the first person no matter what, I think we need to revisit the entire idea of democracy). Geographically close is not ridiculous, but we've already brought up that "fair" algorithms tend to group people together that have opposed ideologies. I see no other determination than that districting is inherently political.

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