Incumbent Protection in Legislative Redistricting: First Principles and the Constitution

Authors

David N. Wecht, Supreme Court of Pennsylvania
Brett Graham

Abstract

In American politics, few things are more predictable than the reelection of a member of the U.S. House of Representatives. Congress’ perennial unpopularity notwithstanding, the House reelection rate has been as high as 98 percent in recent cycles, and very rarely dips below 90 percent. Incumbent advantage extends to the states as well: in 2020, 95 percent of state legislators nationwide won reelection. Political scientists often attribute this phenomenon to name recognition, consolidation of party support, fundraising superiority, or some combination thereof. Legal observers, though, might search elsewhere for an additional factor.

Recommended Citation

Wecht, David N. and Graham, Brett (2023) "Incumbent Protection in Legislative Redistricting: First Principles and the Constitution," Widener Commonwealth Law Review: Vol. 32: Iss. 1, Article 1.
Available at: https://cwldc.widener.edu/wclr/vol32/iss1/1