Green, Illinois voters brought a malapportionment
suit challenging a state districting plan that was relied upon by the state assembly in an unmodified manner since it was passed in 1900.
He shows that it would dramatically change constitutional law by eliminating the application of equal protection to the federal government, ending constitutional protection against gender discrimination, allowing state-mandated racial segregation, ending the application of the Bill of Rights to the states, permitting poll taxes and malapportionment
, and allowing official state churches.
* Katha Pollitt is right in her August 16/23 "Subject to Debate" column that small states have more electoral votes than they "should" according to a strict population count, owing to the constitutional malapportionment
of the Senate.
The 1872 act added the requirement of "nearly equal population" to deal with the malapportionment
problem, (that is, the process of creating districts with unequal populations).
In the 1960's the Supreme Court held that malapportionment
driven by racially discriminatory schemes was unconstitutional.
(111) Attorney-General (Cth) ex rel McKinlay v Commonwealth (112) dealt with malapportionment
in the House of Representatives and rejected the argument that equality of voting power required electorates to consist of an equal number of votes.
From 1965-68, Smith served as chairman of the Florida Constitutional Revision Commission, which revised and redrafted Florida's Constitution and brought an end to the "Pork Chop Gang," a group of powerful rural Florida legislators who, for years, controlled state government by malapportionment
186, 190 (1962) (holding that state legislative malapportionment
was a justiciable question, and thus reversing its holding in Colegrove v.
Second, important court decisions ended decades (in some cases) of extreme malapportionment
and gave densely populated poorer districts more power, which may have contributed to welfare expansion.
Far from discrediting the criticism, however, Anderson and Fienberg provide compelling evidence that both the computer error and the adjustment model itself produced numbers that would have led to a malapportionment
of House seats.