Equal Voting Weight of All: Finally 'One Person, One Vote' from Hawaii to Maine?

54 Pages Posted: 21 Jul 2007 Last revised: 5 Jan 2011

See all articles by Jurij Toplak

Jurij Toplak

University of Maribor - Faculty of Law; Fordham University School of Law; Alma Mater Europaea – European Center, Maribor; European Election Law Association

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Date Written: January 4, 2011

Abstract

The 'one person, one vote' rule requires districts within states to have precisely equal populations. However, the populations of districts differ from state to state, varying from under 500,000 to over 900,000 people. The cause lies in the so-called method of apportionment. Through history, several different methods have been used, but all have failed to allocate to states their exact and fair share of representation. This article challenges this systemic distortion of the 'one person, one vote' principle by inviting readers to consider a weighted voting model that distributes the states' power in the House of Representatives exactly 'according to their Numbers'. The application of this model would result in an exact mathematical equality of each vote's weight regardless of the voter's state of residence. The article also suggests why the courts may even find the model to be a constitutional imperative.

Keywords: apportionment, reapportionment, one person, one vote

JEL Classification: D72, K3, D7, D3, D39

Suggested Citation

Toplak, Jurij, Equal Voting Weight of All: Finally 'One Person, One Vote' from Hawaii to Maine? (January 4, 2011). Temple Law Review, Vol. 81, No. 1, pp. 123-176, 2009, Available at SSRN: https://ssrn.com/abstract=1001219

Jurij Toplak (Contact Author)

University of Maribor - Faculty of Law ( email )

Maribor
Slovenia

Fordham University School of Law ( email )

150 West 62 Street
New York, NY 10023
United States

Alma Mater Europaea – European Center, Maribor ( email )

Gosposka ulica 1
Maribor, 2000
Slovenia

European Election Law Association ( email )

Turkey

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