After listening to Ken Rudin & Ron Elving talk about redistricting for a brief couple of minutes on last weeks It's All Politics (I really wish they dedicated more time to it) I was struck with a brilliant idea (of which I have many): Why not determine House delegations via proportional representation? Now my initial reaction was that this must not be constitutional. Yet upon a reading of Article I of the US Constitution it became evidently clear that the election of a defined number of representatives is up to each individual state unless superseded by federal law. Which means states can do whatever they want as long as they come to the correct total of legislators unless Congress says no.
That is of course where I hit a snag. Federal law since 1967 does in fact say all Reps must come from districts of equal size.
I do however think the benefits of proportional representation are great enough to warrant the repeal of that law. I think it would promote the use of third parties in the US, in more populous states it would allow for greater representation among minorities, and would result in less "big wave elections". With that said I am a huge proponent of a system that has more than 2 parties and can't be trusted.
Now if the US were to repeal that law I am worried that Wesberry v. Sanders might get in the way of constitutionality. I would argue that because the ratio of population to the number of reps is more or less equal in each state then therefore you are achieving 1 person 1 vote. But I can entertain the argument that because, under a proportional system, I have access to 9 Reps in MA that I have more of a say on issues that come before the US House than one in ND does.
The Bottom Line: Is proportional representation in the US House by state delegations legal? No because of a 1967 law requiring districts. Upon repeal of that law would it be Constitutional? More likely than not.
That is of course where I hit a snag. Federal law since 1967 does in fact say all Reps must come from districts of equal size.
I do however think the benefits of proportional representation are great enough to warrant the repeal of that law. I think it would promote the use of third parties in the US, in more populous states it would allow for greater representation among minorities, and would result in less "big wave elections". With that said I am a huge proponent of a system that has more than 2 parties and can't be trusted.
Now if the US were to repeal that law I am worried that Wesberry v. Sanders might get in the way of constitutionality. I would argue that because the ratio of population to the number of reps is more or less equal in each state then therefore you are achieving 1 person 1 vote. But I can entertain the argument that because, under a proportional system, I have access to 9 Reps in MA that I have more of a say on issues that come before the US House than one in ND does.
The Bottom Line: Is proportional representation in the US House by state delegations legal? No because of a 1967 law requiring districts. Upon repeal of that law would it be Constitutional? More likely than not.
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