Is the House Of Representatives Unconstitutional?
I want to flag an interesting opinion that was issued by a three-judge district court over the summer in Clemons v. United States Dep’t of Commerce. Plaintiffs allege that the current allocation of seats in the House of Representatives violates the “one-person, one-vote” principle as between the states. Their data shows that this claim is true, but the issue is whether those cases apply to interstate apportionment.
The three-judge district court rejected this claim in a thorough (and, I thought, well-reasoned) opinion by Judge Southwick. It’s definitely worth your time, as there is an extensive discussion of the debates in the Constitutional Convention and in the First Congress about how the House should be structured.