Nonpopulation Factors Relevant to an Acceptable Standard for Apportionment

Authors

Jerold H. Israel, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

1-1963

Abstract

Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will represent the same fraction of the total possible votes which could be cast in any other district. Only a handful of states come very close to this concept of per capita equality of voting power, however,' even though population is a significant factor in the apportionment of all 50 state legislatures.5

Recommended Citation

Israel, Jerold H. "Nonpopulation Factors Relevant to an Acceptable Standard for Apportionment." Notre Dame Law. 38 (1963): 499-517.