By Dr. John E. Warren, Publisher, The San Diego Voice and Viewpoint
As mandated by the U.S. Constitution, America has recently completed the 2020
Census which has to be taken every 10 years. Since 1790, its purpose has been to
determine representation in the U.S. Congress and the U.S. Senate. The reason being that the number of seats in the U.S. Congress is fixed at 435 and the seats in the Senate allocate two senators for each state, regardless of population.
Redistricting means that electoral districts in each state should have equal numbers, so that representation is proportional to the number of people in the state.
Clearly, such a process as mandated by the U.S. Constitution is meant to involve all the
people covered by the Census count and people living in the areas being counted.
These elements then require outreach to ensure the inclusion of all people. This legal
obligation then becomes a matter of “Public Policy”, not one of selective inclusion of
portions of the population. This is why the Census uses the language of “communities of
inclusion” or “COI”.
This inclusion of the people carries with it “public comment” which is the opportunity for
the people to comment on that which is being proposed by elements or agencies of the
government that have been given “delegated authority”. Those who carry out delegated
duties are limited to actions under their delegated authority. This is because they are not
elected themselves by the people who elect the legislators.
Following the logic and the California Constitution, as well as Federal Statutes,
“outreach” in redefining the electoral districts at the State, County and local levels has
not been inclusive of the people of California, but rather a hand picked few purporting to
be “representatives of the people”. California Statutes require “newspapers of general
circulation” as instruments of public notice or “outreach”. This has not been done.
Rather, a decision has been made that social media and the internet is sufficient to
substitute for the legal requirements. This is a lawsuit waiting to happen.
Now that Redistricting Commissions at the State, County, and local levels have been
made aware of their failure to follow the law, the only issue is will they do anything to
correct the problem in the time remaining. After maps are drawn and submitted it will be
too late to make changes.
Something to think about.
