American Constitutionalism in Historical Perspective (packet)

Limited purpose districts struck down: Phoenix, Salyer Land p. 843

But continue to allow disenfranchisement of felons: Richardson v. Ramirez p. 843

Weighting: reapportionment, racist gerrymandering (Gomillion), political gerrymandering, proportional representation.

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   Reapportionment: Politicians have tendency to entrench their own power so may not reapportion. Need to break this cycle by Ct intervening.
   
   1. 
      Baker v. Carr p.846 equal protection challenges to legislative apportionments WERE justiciable. But d/n say what standard is to review these apportionments. Now there is a stronger interest in voting rts and fear of malapportionment where votes of ppl in some districts count more. Shift from rural to urban areas so need to change rep structure or else only cater to rural interests. Clear violations of const. req not rectified by state legislature so cts step in. Old arg was that ct c/n determine what was necessary for republican govt, was political question.
      
   2. 
      Reynold v. Sims, 1964: issue of unfair rep. Warren majority struck down a reapportionment plan that diluted black vote using the principle of “one person, one vote.” All districts need same amt of ppl in general. More scrutiny of certain districts. Normative appeal is that it is req of justice and equality. And is also the easiest to administer. This clear and enforceable standard was the best way of effectuating fair rep
      
      1. 
         Dissent (Stewart) majority’s principle may give less rep to minorities and is not J the ct should be making. Need a little deviation and 1 person, 1 vote is too crude to capture normative command of fair rep. Deviation will take into account small counties & allow more rep than would have under pop based principle. Senate is NOT subjected to one person, one vote idea so why should state be?
         
   3. 
      Pp. 852-53: strict application of “one-person, one-vote” in congressional districting but more flexible in state districting (b/c of federalism idea). Has allowed supermajorities as consistent w/ principle. Success story b/c as result of this opinion, lots of reapportionment.
      
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