One More Thing on Redistricting . . .
The Court has held that a state can use a referendum as part of its redistricting process. See Davis v. Hildebrandt, 241 U.S. 565 (1916). In Davis, a referendum was used to reject a redistricting plan drawn up by the Ohio Legislature. Thus, one cannot say that Article One, Section 4 prohibits states from using a referendum to limit the Legislature in this context. Maybe the Legislature must be the one to draft the redistricting plan–the difference in the Arizona case is that the Legislature is not permitted to draft anything. But clearly the Legislature does not have the exclusive power to redistrict or the final say over redistricting. Is drafting really so different?