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On the Causes and Consequences of and Remedies for Interstate Malapportionment of the U.S. House of Representatives

Published online by Cambridge University Press:  26 February 2008

Jeffrey W. Ladewig  and
Mathew P. Jasinski
Jeffrey W. Ladewig
Affiliation:
Department of Political Science, University of Connecticut (jeffrey.ladewig@uconn.edu)
Mathew P. Jasinski
Affiliation:
Robinson & Cole, Hartford, Connecticut (mathew.jasinski@gmail.com)
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Abstract

Forty years ago, the Supreme Court drew attention to and made considerable efforts toward eliminating intrastate malapportionment among U.S. House districts with the one-person, one-vote rule. Today, this rule is significantly, and more severely, violated by a rarely discussed or analyzed form of malapportionment, interstate malapportionment. We identify and discuss its causes and consequences, as well as possible remedies. We argue that changing the fixed size of the U.S. House membership is the only solution that meets normative, constitutional, and practical standards. We demonstrate that the current fixed size of the chamber unreasonably corrupts the popular basis of the U.S. House, which is necessary for the proper functioning of American representative democracy.Jeffrey Ladewig is an assistant professor at the University of Connecticut in the Department of Political Science (jeffrey.ladewig@uconn.edu). Mathew Jasinski is an attorney at Robinson & Cole in Hartford, Connecticut (mathew.jasinski@gmail.com). We would like to thank Oksan Bayulgen, Larry Bowman, Robert Darcy, Virginia Hettinger, David Jones, and Howard Reiter for their suggestions and assistance. We also want to thank the anonymous reviewers for their extraordinarily in-depth and helpful reviews. Any remaining errors are our own.

Type
Research Article
Information
Perspectives on Politics , Volume 6 , Issue 1 , March 2008 , pp. 89 - 107
Copyright
© 2008 American Political Science Association

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References

Anderson, Margo. 2000. Growth in U.S. population calls for larger House of Representatives. Population Today 28 (3): 1, 4.Google Scholar
Baker v. Carr, 369 U.S. 186 (1962).
Balinski, Michael L., and H. Peyton Young. 1982. Fair Representation: Meeting the Ideal of One Man, One Vote. New Haven: Yale University Press.
Beitz, Charles R. 1989. Political Equality: An Essay in Democratic Theory. Princeton: Princeton University Press.
Bond, Jon R., and Richard Fleisher, eds. 2000. Polarized Politics: Congress and the President in a Partisan Era. Washington, DC: CQ Press.
Buchanan, James, and Gordon Tullock. 1962. The Calculus of Consent: Logical Foundations of Constitutional Democracy. Ann Arbor: University of Michigan Press.
Canon, David T. 1999. Race, Redistricting, and Representation. Chicago: University of Chicago Press.
Celler, Emmanual. 1951. “Can a Congressman Serve 900,000 People?” New York Times Magazine, March 11.
Cho, Yong Hyo. 1976. Measuring the Effects of Reapportionment in the American States. New York: National Municipal League.
Colegrove v. Green, 328 U.S. 549 (1946).
Dahl, Robert A. 2002. How Democratic Is the American Constitution? New Haven: Yale University Press.
Dahl, Robert A., and Edward R. Tufte. 1973. Size and Democracy. Stanford: Stanford University Press.
Darcy, Robert. 2004. “What's Fair Is Fair: Apportionment Politics.” Manuscript. Oklahoma State University, Stillwater, Oklahoma.
Darcy, Robert, and James R. Choike. 1986. A formal analysis of legislative turnover: Women candidates and legislative representation. American Journal of Political Science 30 (1): 237–55.Google Scholar
Dean, John W. 2002. “The Telling Tale of the Twenty-Seventh Amendment: A Sleeping Amendment Concerning Congressional Compensation Is Later Revived.” http://writ.news.findlaw.com/dean/20020927.html.
Dexter, Lewis A. 1968. Standards for representative selection and apportionment. In Representation, eds. Roland J. Pennock and John W. Chapman. New York: Atherton.
Eagles, Charles W. 1990. Democracy Delayed: Congressional Reapportionment and Urban-Rural Conflict in the 1920s. Athens: University of Georgia Press.
Evans, Lawrence C., and Walter J. Oleszek. 1998. If it ain't broke bad, don't fix it a lot. PS: Politics Science and Politics 31 (1): 24–8.Google Scholar
Fenno, Jr., Richard F. 1978. Home Style: House Members in their Districts. New York: Harper Collins.
Gray v. Sanders, 372 U.S. 368 (1963).
Guinier, Lani. 1994. The Tyranny of the Majority: Fundamental Fairness in Representative Democracy. New York: Free Press.
Huckabee, David C. 1995. “House of Representatives: Setting the Size at 435.” CRS Report for Congress, 95-791 GOV. Washington, DC: Congressional Research Service.
Huckabee, David C. 2000. “The House Apportionment Formula in Theory and Practice.” CRS Report for Congress, RL30711. Washington, DC: Congressional Research Service.
Huckabee, David C. 2001. “The House of Representatives Apportionment Formula: An Analysis of Proposals for Change and Their Impact on States.” CRS Report for Congress, RL31074. Washington, DC: Congressional Research Service.
Karcher v. Daggett, 462 U.S. 725 (1983).
Kesler, Charles R., and Clinton Rossiter, eds. 1999. The Federalist Papers. New York: Penguin Putnam.
Kirkpatrick v. Preisler, 394 U.S. 526 (1969).
Kromkowski, Charles A. 2002. Recreating the American Republic: Rules of Apportionment, Constitutional Change, and American Political Development 1700–1870. Cambridge: Cambridge University Press.
Kromkowski, Charles A., and John A. Kromkowski. 1991. Why 435? A question of political arithmetic. Polity 24 (1): 129–46.Google Scholar
Kromkowski, Charles A., and John A. Kromkowski. 1992. Beyond administrative apportionment: Rediscovering the constitutional calculus of representative government. Polity 24 (3): 495–97.Google Scholar
Lang, Robert E., and Thomas W. Sanchez. 2006. “The New Metro Politics: Interpreting Recent Presidential Elections Using a County-Based Regional Typography.” Metropolitan Institution 2006 Election Brief. Blacksburg: Metropolitan Institute.
Lee, Frances E. 1998. Representation and public policy: The consequences of Senate apportionment for the geographic distribution of federal funds. Journal of Politics 60 (1): 34–62.Google Scholar
Lee, Frances E. 2000. Senate representation and coalition building in distributive politics. American Political Science Review 94 (1): 59–72.Google Scholar
Lee, Frances E., and Bruce I. Oppenheimer. 1997. Senate apportionment: Competitiveness and partisan advantage. Legislative Studies Quarterly 22 (1): 3–24.Google Scholar
Leib, Jonathan I., and Gerald R. Webster. 1997. On enlarging the U.S. House of Representatives. Political Geography 17 (3): 319–29.Google Scholar
Lijphart, Arend. 1994. Electoral Systems and Party Systems: A Study of Twenty-Seven Democracies, 1945–1990. New Haven: Yale University Press.
Lijphart, Arend. 1998. Reforming the House: Three moderately radical proposals. PS: Political Science and Politics 31 (1): 10–13.Google Scholar
Lucas, DeWayne L., and Michael McDonald. 2000. Is it time to increase the size of the House of Representatives? American Review of Politics 21 (Winter): 367–83.Google Scholar
Mansbridge, Jane. 1999. Should blacks represent blacks and women represent women? A contingent “yes.” Journal of Politics 61 (3): 628–57.Google Scholar
Moscardelli, Vincent G., and Moshe Haspel. 2007. Individual vs. collective motives in the Bipartisan Campaign Reform Act of 2002. American Politics Research 35 (1): 79–102.Google Scholar
Mount, Steve. 2004. “First Twelve Articles of Amendment.” USConstitution.net. 17 Feb 2004. http://www.usconstitution.net/first12.html (7 Sept 2004).
Neubauer, Michael G., and Joel Zeitlin. 2003. Outcomes of presidential elections and the House size. PS: Political Science and Society 36 (4): 721–25.Google Scholar
Overby, Marvin L. 1992. Apportionment, politics, and political science: A response to Kromkowski and Kromkowski. Polity 24 (3): 483–94.Google Scholar
Rehfeld, Andrew. 2001. Silence of the land: On the historical irrelevance of territory to Congressional districting and political representation in the United States. Studies of American Political Development 15 (1): 53–87.Google Scholar
Rehfeld, Andrew. 2005. The Concept of Constituency: Political Representation, Democratic Legitimacy, and Institutional Design. Cambridge: Cambridge University Press.
Reynolds v. Sims, 377 U.S. 533 (1964).
Rogowski, Ronald. 1981. Representation in political theory and in law. Ethics 91 (3): 395–430.Google Scholar
Rush, Mark E. 1998. Making the House more representative: Hidden costs and unintended consequences. PS: Political Science and Politics 31 (1): 21–4.Google Scholar
Samuels, David J., and Richard Snyder. 2001. The value of a vote: Malapportionment in comparative perspective. British Journal of Political Science 31 (1): 97–109.Google Scholar
Shugart, Matthew S., and John M. Carey. 1992. Presidents and Assemblies: Constitutional Design and Electoral Dynamics. Cambridge: Cambridge University Press.
Taagepera, Rein. 1972. The size of national assemblies Social Science Research 1 (4): 385–401.Google Scholar
Taagepera, Rein, and Matthew S. Shugart. 1989. Seats and Votes: The Effects and Determinants of Electoral Systems. New Haven: Yale University Press.
Tribe, Laurence H. 1978. American Constitutional Law. Mineola, NY: Foundation Press.
U.S. Central Intelligence Agency. 2004. World Factbook. Washington, DC: Central Intelligence Agency, Office of Public Affairs.
U.S. Commerce v. Montana, 503 U.S. 442 (1992).
Wesberry v. Sanders, 376 U.S. 1 (1964).
White v. Weiser, 412 U.S. 783 (1973).
Young, H. Peyton. 2001. “Dividing the House: Why Congress Should Reinstate an Old Apportionment Formula.” Brookings Institution Policy Brief #88. Washington, DC: Brookings Institution.
Zagarri, Rosemarie. 1987. The Politics of Size: Representation in the United States, 1776–1850. Ithaca: Cornell University Press.
Zimmerman, Joseph F., and Wilma Rule. 1998. A more representative United States House of Representatives. PS: Political Science and Politics 31 (1): 5–10.Google Scholar