Skip to content
Search

Latest Stories

Top Stories

National solutions to gerrymandering are legal, and necessary

Opinion

Alexander Hamilton portrait

The Framers, including Alexander Hamilton, argued that the federal government must play a role in regulation elections, writes Richie.

Rob Richie is president and CEO of FairVote, a nonpartisan organization seeking better elections.

Earlier this week, the Senate failed to bring the Freedom to Vote Act to the floor, the third time this year a major voting reform bill has been blocked.

As members of Congress continue their efforts to pass the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act in the coming weeks, some opponents aren't just rejecting the bills on their merits. Instead, they're making a historically inaccurate and dangerous "federalism argument" — that elections must be left entirely to the states.

Senate Minority Leader Mitch McConnell said last month that elections are "not something the federal government has been historically involved in" and called the Freedom to Vote Act"an assault on the fundamental idea that states, not the federal government, should decide how to run their own elections."

You don't need to look far to disprove this hide-the-ball argument. Article 1, Section 4 of the Constitution states: "Congress may at any time by Law make or alter such [election] Regulations." In "Federalist 59," Alexander Hamilton warned of the dangers of vesting voting and election laws entirely in the states, writing that "an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy."

Beyond the text of the Constitution and guidance of the Framers, the federalism argument is disproved by 200-plus years of federal election regulations. That history includes bipartisan bills that McConnell voted for, like the 2009 Military and Overseas Voter Empowerment Act, the 2006 reauthorization of the Voting Rights Act (which would effectively be revived by the John Lewis Voting Rights Advancement Act) and the 2002 Help America Vote Act that McConnell took a lead role in crafting.

In particular, there is a long history of federal law on House elections and district lines, one of the areas covered in both the Freedom to Vote Act and John Lewis Voting Rights Advancement Act. Hamilton specifically writes about this in "Federalist 59," stating that "the national government would run a much greater risk from a power in the State legislatures over the elections of its House of Representatives."

It's no surprise, then, that Congress has always regulated the number of members in the House of Representatives. It has set criteria for the way voters elect their U.S. representatives since at least 1842. A series of laws passed in the late 19th century and early 20th century established norms for congressional redistricting relating to contiguity, compactness, and relative population. A 1967 federal law is the reason every American is now represented by only a single member of the U.S. House. The Voting Rights Act of 1965 (re-authorized in 1982 and 2006) also sets rules around congressional redistricting.

As our Framers anticipated and as our leaders have acted upon since our nation's founding, there are times when federal election rules are needed for all Americans, typically drawing from election laws in our state "laboratories of democracy."

Now is certainly one of those times when federal action is necessary. State legislatures are incentivized to gerrymander their congressional districts in increasingly outlandish ways. Politicians choose their voters, representation is distorted, and nearly all districts are lopsided for one party. Without a national solution, individual state reforms can equate to disarming unilaterally, and too often state reforms are falling short.

Claiming that Congress should sit on its hands is wrong. If our elected leaders have good-faith reasons to vote against the Freedom to Vote Act and even the John Lewis Voting Rights Advancement Act, they should make those objections heard.

Indeed, not only do this year's bills deserve an up-or-down vote, Congress should also look to the future, with the Fair Representation Act as the most comprehensive path to make House elections fairer. This bill would replace our current tiny congressional districts with larger multimember congressional districts elected through proportional ranked-choice voting. In addition to giving voice to those in the minority and the full spectrum of voters, this approach would make it much harder to gerrymander congressional districts.

Regardless, it's time for McConnell and others to give up the false "states' rights" argument designed to avoid accountability. There is no question as to whether Congress has a role to play in regulating district lines and elections. Given the breakdown of state voting norms, it's time for Congress to do the job our Framers intended.

Read More

Mandatory vs. Voluntary Inclusionary Housing: What Cities Are Doing to Create Affordable Homes

affordable housing

Dougal Waters/Getty Images

Mandatory vs. Voluntary Inclusionary Housing: What Cities Are Doing to Create Affordable Homes

As housing costs rise across United States cities, local governments are adopting inclusionary housing policies to ensure that some portion of new residential developments remains affordable. These policies—defined and tracked by organizations like the Lincoln Institute of Land Policy—require or encourage developers to include below-market-rate units in otherwise market-rate projects. Today, over 1,000 towns have implemented some form of inclusionary housing, often in response to mounting pressure to prevent displacement and address racial and economic inequality.

What’s the Difference Between Mandatory and Voluntary Approaches?

Inclusionary housing programs generally fall into two types:

Keep ReadingShow less
Rebuilding Democracy in the Age of Brain Rot
person using laptop computer
Photo by Christin Hume on Unsplash

Rebuilding Democracy in the Age of Brain Rot

We live in a time when anyone with a cellphone carries a computer more powerful than those that sent humans to the moon and back. Yet few of us can sustain a thought beyond a few seconds. One study suggested that the average human attention span dropped from about 12 seconds in 2000 to roughly 8 seconds by 2015—although the accuracy of this figure has been disputed (Microsoft Canada, 2015 Attention Spans Report). Whatever the number, the trend is clear: our ability to focus is not what it used to be.

This contradiction—constant access to unlimited information paired with a decline in critical thinking—perfectly illustrates what Oxford named its 2024 Word of the Year: “brain rot.” More than a funny meme, it represents a genuine threat to democracy. The ability to deeply engage with issues, weigh rival arguments, and participate in collective decision-making is key to a healthy democratic society. When our capacity for focus erodes due to overstimulation, distraction, or manufactured outrage, it weakens our ability to exercise our role as citizens.

Keep ReadingShow less
Trump's Clemency for Giuliani et al is Another Effort to Whitewash History and Damage Democracy

Former NYC Mayor Rudy Giuliani, September 11, 2025 in New York City.

(Photo by Michael M. Santiago/Getty Images)

Trump's Clemency for Giuliani et al is Another Effort to Whitewash History and Damage Democracy

In the earliest days of the Republic, Alexander Hamilton defended giving the president the exclusive authority to grant pardons and reprieves against the charge that doing so would concentrate too much power in one person’s hands. Reading the news of President Trump’s latest use of that authority to reward his motley crew of election deniers and misfit lawyers, I was taken back to what Hamilton wrote in 1788.

He argued that “The principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a well- timed offer of pardon to the insurgents or rebels may restore the tranquility of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall.”

Keep ReadingShow less
What the Success Academy Scandal Says About the Charter School Model

Empty classroom with U.S. flag

phi1/Getty Images

What the Success Academy Scandal Says About the Charter School Model

When I was running a school, I knew that every hour of my team’s day mattered. A well-prepared lesson, a timely phone call home to a parent, or a few extra minutes spent helping a struggling student were the kinds of investments that added up to better outcomes for kids.

That is why the leaked recording of Success Academy CEO Eva Moskowitz pressuring staff to lobby elected officials hit me so hard. In an audio first reported by Gothamist, she tells employees, “Every single one of you must make calls,” assigning quotas to contact lawmakers. On September 18th, the network of 59 schools canceled classes for its roughly 22,000 students to bring them to a political rally during the school day. What should have been time for teaching and learning became a political operation.

Keep ReadingShow less