evenwel et al abbott governor texas et argued december decided april principle jurisdictions must design legislative districts equal populations see wesberry sanders reynolds sims context state local legislative districting may deviate somewhat perfect population equality accommodate traditional districting objectives maximum population deviation largest smallest district less state local legislative map presumptively complies rule texas like uses numbers decennial census drawing legislative districts census texas adopted state senate map maximum deviation safely within presumptively permissible range however measured baseline eligible voters registered voters map maximum population deviation exceeds appellants live texas senate districts particularly large populations filed suit texas governor secretary state basing apportionment total population appellants contended dilutes votes relation voters senate districts violation principle equal protection clause appellants sought injunction barring use existing senate map favor map equalize voter population district district dismissed complaint failure state claim relief granted held constitutional history precedent practice demonstrate state locality may draw legislative districts based total population pp constitutional history shows time founding framers endorsed allocating house seats based total population debating become fourteenth amendment congress reconsidered proper basis apportioning house seats retaining rule congress rejected proposals allocate house seats basis voter population see amdt framers recognized use baseline served principle representational equality appellants rule inconsistent theory constitution cong globe recognized wesberry underlying method allocating house seats also method apportioning legislative seats within pp past decisions reinforce conclusion localities may comply principle designing districts equal total populations appellants assert language precedent supports view equalize population districts every sentence appellants quote one respond line casting guarantee terms equality representation see reynolds moreover reynolds consistently looked figures evaluating whether districting maps violate equal protection clause deviating impermissibly perfect population equality pp settled practice confirms constitutional history prior decisions strongly suggest adopting apportionment constitutional command upset approach districting countless local jurisdictions long followed framers constitution fourteenth amendment comprehended representatives serve residents eligible vote nonvoters important stake many policy debates receiving constituent services ensuring representative subject requests suggestions number constituents apportionment promotes equitable effective representation pp constitutional history precedent practice reveal infirmity appellants claim need resolve whether texas argues may draw districts equalize population rather total population affirmed ginsburg delivered opinion roberts kennedy breyer sotomayor kagan joined thomas filed opinion concurring judgment alito filed opinion concurring judgment thomas joined except part opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press sue evenwel et appellants greg abbott governor texas et al appeal district western district texas april justice ginsburg delivered opinion texas like draws legislative districts basis total population texas voters challenge uniform method districting ground produces districts measured population population total population urge must used ensure votes devalued relation citizens votes districts hold based constitutional history decisions longstanding practice state may draw legislative districts based total population long resisted role overseeing process draw legislative districts remedy unfairness districting held secure state legislatures apportion invoke ample powers congress colegrove green courts enter political thicket justice frankfurter put ibid judicial abstention left pervasive malapportionment unchecked opening half century massive population shift away rural areas toward suburban urban communities nevertheless many ran elections early based maps drawn equalize district population composed around used maps allocating certain number legislators county regardless population schemes left many rural districts significantly underpopulated comparison urban suburban districts rural legislators benefited malapportionment scant incentive adopt new maps might put office confronted ingrained structural baker carr case presented equal protection challenge tennessee map redrawn since see also observing meantime substantial growth redistribution state population rather steering clear political thicket yet held first time malapportionment claims justiciable conclude complaint allegations denial equal protection present justiciable constitutional cause action upon appellants entitled trial although baker reach merits equal protection claim baker justiciability ruling set stage came known principle two years baker sanders invalidated georgia malapportioned congressional map population one congressional district two three times larger population others relying article constitution required congressional districts drawn equal populations later term reynolds sims upheld equal protection challenge alabama malapportioned maps equal protection clause concluded requires seats houses bicameral state legislature must apportioned population basis ibid wesberry reynolds together instructed jurisdictions must design congressional districts equal populations must regularly reapportion districts prevent ensuing decades several times elaborated scope rule must draw congressional districts populations close perfect equality possible see kirkpatrick preisler drawing state local legislative districts jurisdictions permitted deviate somewhat perfect population equality accommodate traditional districting objectives among preserving integrity political subdivisions maintaining communities interest creating geographic compactness see brown thomson maximum population deviation largest smallest district less held state local legislative map presumptively complies rule maximum deviations presumptively impermissible ibid see also mahan howell approving map maximum population deviation accommodate state interest maintaining integrity political subdivision lines cautioning deviation may well approach tolerable limits contrast repeated disputes permissibility deviating perfect population equality little controversy centered population base jurisdictions must equalize rare occasions jurisdictions relied populations districts see burns richardson holding hawaii use population base hawaii special population problems particular substantial temporary military population overwhelming majority cases jurisdictions equalized total population measured decennial census today use numbers census designing congressional districts seven adjust census numbers meaningful appellants challenge consensus census texas redrew state senate districts using baseline time texas subject preclearance requirements voting rights act requiring jurisdictions receive approval department justice district district columbia implementing certain voting changes became clear new senate map receive preclearance advance elections district western district texas drew interim senate map also equalized total population district see davis perry direct appeal observed district failed take guidance state recently enacted plan drafting interim plan therefore vacated district map perry perez per curiam slip district remand used census data draw districts included roughly size total population texas used new interim map elections texas legislature adopted permanent senate map see app brief texas senate hispanic caucus et al amici curiae reproducing current senate map permanent map maximum deviation safely within presumptively permissible range measured baseline eligible voters registered voters map maximum population deviation exceeds appellants sue evenwel edward pfenninger live texas senate districts one four respectively particularly large populations contending basing apportionment total population dilutes votes relation voters senate districts violation principle equal protection appellants filed suit district western district texas named defendants governor secretary state texas sought permanent injunction barring use existing senate map favor map equalize voter population district case referred district hearing decision see shapiro mcmanus slip dismissed complaint failure state claim relief granted appellants district explained rel upon theory never accepted circuit metric apportionment employed texas total population results unconstitutional apportionment achieve equality measured plaintiffs chosen metric voter population app juris statement decisions district concluded permit jurisdictions use neutral nondiscriminatory population baseline including total population drawing state local legislative districts noted probable jurisdiction affirm ii parties advance different positions case district appellants insist equal protection clause requires jurisdictions draw state local legislative districts equal populations thus protecting voter equality right eligible voters equal vote brief appellants comply proposed rule appellants suggest jurisdictions design districts based cvap data census bureau american community survey acs annual statistical sample population texas responds jurisdictions may consistent equal protection clause design districts using population baseline including total population population long choice rational invidiously discriminatory although use data census permissible texas therefore argues used acs cvap data instead sharing texas position equal protection clause mandate use population urges us address texas separate assertion constitution allows use alternative population baselines including population equalizing total population maintains vindicates principle representational equality ensur ing voters district power elect representative represents number constituents representatives brief amicus curiae agreement texas reject appellants attempt locate mandate equal protection clause history precedent practice demonstrate plainly permissible jurisdictions measure equalization total population state local legislative districts begin constitutional history time founding framers confronted question analogous one issue basis congressional districts allocated framers solution known great compromise provide state number seats senate allocate house seats based total populations representatives direct taxes wrote shall apportioned among several may included within union according respective numbers art cl emphasis added fundamental principle proposed constitution james madison explained federalist papers aggregate number representatives allotted several founded aggregate number inhabitants right choosing allotted number state exercised part inhabitants state may designate federalist carey mcclellan eds words basis representation house include inhabitants although slaves counted person even though remained free deny many inhabitants right participate selection endorsing apportionment based total population alexander hamilton declared truer principle every individual large equal right protection government records federal convention farrand ed debating fourteenth amendment congress reconsidered proper basis apportioning house seats concerned southern willingly enfranchise freed slaves aware slave freedom swell state population purposes representation house one person rather framers fourteenth amendment considered length possibility allocating house seats basis voter population sneed footprints rocks mountain account enactment fourteenth amendment see also apportionment issue consumed time fourteenth amendment debates december thaddeus stevens leader radical republicans introduced constitutional amendment allocated house seats according respective legal voters addition proposed amendment mandated true census legal voters shall taken time regular census cong globe supporters apportionment based voter population employed reasoning appellants echo see remarks orth true principle representation congress voters alone form basis voter equal political weight government remarks lawrence use total population disregards fundamental idea representation every voter equal political power union apportionment proponents encountered fierce resistance proponents apportionment much opposition grounded principle representational equality abstract proposition argued representative james blaine leading critic allocating house seats based voter population one deny population true basis representation women children classes may vital interest legislation country actually deposit ballot see also remarks conkling arguing use basis shut four fifths citizens country women children citizens taxed always represented remarks ward hat becomes large class found every section matter represented certainly enumerated making whole number entitled product debates fourteenth amendment retained total population congressional apportionment base see amdt representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians introducing final version amendment senate floor senator jacob howard explained basis representation numbers whole population except untaxed indians persons excluded state laws rebellion crime committee adopted numbers satisfactory basis principle upon constitution originally framed basis representation depend upon numbers think safest secure principle upon government rest numbers voters numbers property theory constitution cong globe appellants ask us find fourteenth amendment equal protection clause rule inconsistent theory constitution recognized wesberry theory underlies method allocating house seats applies well method apportioning legislative seats within debates constitutional convention explained make least one fact abundantly clear delegates agreed house represent intended allocating congressmen number assigned state determined solely number inhabitants may possible draw congressional districts mathematical precision acknowledged excuse ignoring constitution plain objective making equal representation equal numbers people fundamental goal house representatives emphasis added fourteenth amendment calls apportionment congressional districts based total population simultaneously prohibits apportioning legislative districts basis cordoning constitutional history congressional districting appellants stress two first draw distinction allocating seats apportioning seats within framers selected total population former appellants amici argue federalism concerns inapposite districting concerns included perceived risk base might encourage expand franchise unwisely hope base might counter incentive undercount populations thereby reducing share direct taxes wesberry however rejected distinction appellants press see supra even without weight wesberry find appellants distinction unconvincing one accept federalism justice alito emphasizes partisan regional political advantage see post figured framers selection total population basis allocating congressional seats even remains beyond doubt principle representational equality figured prominently decision count people whether qualify second appellants justice alito urge see post typically refused analogize features federal electoral system constitutional scheme governing congressional apportionment considering challenges state local election laws true reynolds rejected alabama argument permissibly modeled state senate apportionment scheme one senator county senate federal analogy explained inapposite irrelevant state legislative districting schemes system representation two houses federal congress arose unique historical circumstances likewise gray sanders georgia unsuccessfully attempted defend analogy electoral college scheme assigning certain number units winner county statewide elections reynolds gray however involved features federal electoral system contravene principles voter representational equality favor interests relevance outside federal context senate seats allocated equal basis respect state sovereignty increase odds smaller ratify constitution see wesberry describing history great compromise see also reynolds political subdivisions counties cities whatever never never considered sovereign entities relationship federal government hardly less electoral college created permit members community choose executive nation whose continental dimensions thought preclude informed choice citizenry large williams rhodes harlan concurring result see also gray inclusion electoral college constitution result specific historical concerns validated collegiate principle despite inherent numerical inequality omitted contrast earlier developed constitutional scheme congressional apportionment rests part representational concerns exist regarding state local legislative districting framers answer apportionment question congressional context therefore undermines appellants contention districts must based voter population consistent constitutional history past decisions reinforce conclusion localities may comply principle designing districts equal total populations quoting language decisions appellants view supports principle equal voting power emphasizing phrase appellants contend mind constantly meant equalize population districts see reynolds individual right vote state legislators unconstitutionally impaired weight substantial fashion diluted compared votes citizens living parts state gray concept people constitution visualizes preferred class voters equality among meet basic see also hadley junior college dist metropolitan kansas city hen members elected body chosen separate districts district must established basis insure far practicable equal numbers voters vote proportionally equal numbers appellants however extract far much selectively chosen language slogan every sentence appellants quote opinions one respond line casting guarantee terms equality representation voter equality reynolds instance described fundamental principle representative government country one equal representation equal numbers people see also davis bandemer formulating one person one vote formula characterized question posed election districts disparate size issue fair representation reynolds rejecting state districting schemes give number representatives unequal numbers constituents suggested repeatedly districting based total population serves state interest preventing vote dilution interest ensuring equality representation see board estimate city new york morris districts widely unequal population elect equal number representatives voting power citizen larger constituencies debased citizens districts smaller share representation smaller see also kirkpatrick recognizing case qual representation equal numbers people principle designed prevent debasement voting power diminution access elected representatives moreover reynolds consistently looked figures evaluating whether districting maps violate equal protection clause deviating impermissibly perfect population equality see brief appellees collecting cases brought equal protection clause see also collecting cases appellants point instance determined permissibility deviation based data hardly make sense mandated voter equality sub silentio used baseline evaluate compliance rule likely think always assumed permissibility drawing districts equalize total population appellants counter distribution voting population generally deviate distribution total population degree necessary raise issue brief appellants support assertion appellants cite district decision found significant deviation distribution voter total population densely populated areas new york state wmca lomenzo supp sdny aff per curiam assumed equivalence national scale likely said instead gaffney cummings acknowledged voters may distributed unevenly within jurisdictions weight person vote matters observed total population even stable accurately taken may actually reflect body voters whose votes must counted weighed purposes reapportionment persons voters nonetheless gaffney recognized rule designed facilitate air effective representation evaluated compliance rule based total population alone constitutional history prior decisions strongly suggest settled practice confirms adopting apportionment constitutional command upset approach districting countless local jurisdictions followed decades even centuries appellants shown reason disturb longstanding use total population see walz tax city new york unbroken practice followed openly affirmative state action covertly state inaction something lightly cast aside see also burson freeman plurality opinion upholding law limiting campaigning areas around polling places part maintain laws widespread consensus legislation order serves important state interests framers constitution fourteenth amendment comprehended representatives serve residents eligible registered vote see supra nonvoters important stake many policy debates children parents even grandparents example stake strong system receiving constituent services help navigating bureaucracies ensuring representative subject requests suggestions number constituents apportionment promotes equitable effective representation see mccormick serving constituents supporting legislation benefit district individuals groups therein everyday business legislator sum rule appellants urge mooring equal protection clause texas senate map therefore conclude complies requirements history precedent practice suffice reveal infirmity appellants claims need resolve whether texas argues may draw districts equalize population rather total population reasons stated judgment district western district texas affirmed thomas concurring judgment sue evenwel et appellants greg abbott governor texas et al appeal district western district texas april justice thomas concurring judgment case concerns whether texas violated equal protection clause interpreted cases creating legislative districts contain approximately equal total population vary widely number eligible voters district agree majority precedents require state equalize total number voters district may opt equalize total population therefore concur majority judgment appellants challenge fails write separately never provided sound basis principle years struggled define right principle protects many precedents suggest protects right eligible voters cast votes receive equal weight despite frequent explanation precedents often conclude equal protection clause satisfied individuals within district voters equal share representation majority today concedes cases produced clear answer point see ante view majority failed provide sound basis principle basis exists constitution prescribe one basis apportionment within instead leaves significant leeway apportioning districts equalize total population equalize eligible voters promote principle consistent republican form government majority recognize futility choosing one options constitution leaves choice people alone decided equal protection clause requires draw legislative districts based rule decisions never coalesced around single theory must equalize equal protection clause prohibits state deny ing person within jurisdiction equal protection laws amdt nearly century ratification interpreted clause application politically charged issue apportion populations political districts see colegrove green plurality opinion instead left drawing political boundaries long state deprive people right vote reasons prohibited constitution see gomillion lightfoot finding justiciable claim city boundary redrawn square shape strangely irregular figure remove nearly black voters city meant state refusal allocate voters within districts based population changes matter federal courts decide cases part larger jurisprudence holding question whether state government proper republican form rested congress pacific telephone telegraph oregon changed course baker carr locating equal protection clause right citizens votes expanding decision later held equal protection clause requires seats houses bicameral state legislature must apportioned population basis reynolds sims created analogous requirement congressional redistricting rooted article requirement representatives chosen people several wesberry sanders rules established cases come known one person one vote since baker empowered federal courts resolve redistricting disputes struggled explain whether principle ensures equality among eligible voters instead protects broader right every citizen equal representation lack clarity point turn left unclear whether must equalize number eligible voters across districts total population number cases said must protect right eligible voters votes receive equal weight view one way comply principle must draw districts contain substantially equal number eligible voters per district seminal decision baker exemplifies view decided baker involved failure tennessee legislature reapportion districts years since tennessee last apportionment state population grown million residents million number voters district changed significantly time producing widely varying voting populations district facts held reapportionment claims justiciable plaintiffs claimed eligible voters alleged debasement votes internal quotation marks omitted similarly emphasized equal treatment eligible voters gray sanders case involved challenge georgia county unit system voting system used state democratic party nominate candidates primary gave county two votes every representative county lower house general assembly voting done county winner county taking county votes democratic party nominee candidate votes person individual votes effect system give heavier weight rural ballots urban ones held system violated principle holding emphasized right issue belongs qualified voters right one vote counted protected dilution applying principle state legislative districts also emphasized vote dilution also supports notion principle ensures equality among eligible voters notably reynolds case alabama failed reapportion state legislature decades resulting ratios state senate house explaining alabama failure reapportion violated equal protection clause stated individual right vote state legislators unconstitutionally impaired weight substantial fashion diluted compared votes citizens living parts state decisions likewise define principle terms eligible voters thus imply allocating districts eligible voters mind suggested much hadley junior college dist metropolitan kansas city case involved missouri system permitting separate school districts establish joint junior college district six trustees oversee joint district apportioned basis relative numbers children subsidiary district held plan violated equal protection clause trustees junior college district must apportioned manner deprive voter right vote given much weight far practicable voter junior college district holding emphasized reynolds called attention prior cases indicating qualified voter constitutional right vote elections without vote wrongfully denied debased diluted hadley see contrast aspiration giving equal treatment eligible voters also expressed different understanding principle several cases suggested protects interests individuals district whether eligible voters reynolds example said fundamental principle representative government country one equal representation equal numbers people see also ante collecting cases view comply equal protection clause equalizing number eligible voters district must instead equalize total population per district line view generally focused total population total number voters determining state compliance requirement gaffney cummings example upheld state legislative districts maximum deviation measured basis contrast chapman meier struck reapportionment total deviation based total population plan view failed achieve goal population equality little de minimis variation lack clarity redistricting cases left little guidance political institutions must structured although required state legislative districts apportioned population basis reynolds supra yet tell whether limited choosing relevant population must equally distribute chen houston thomas dissenting denial certiorari internal quotation marks omitted provided firm account must districting left guess much flexibility use different methods apportionment ii inconsistency opacity merely consequence equivocal statements one person one vote problem fundamental simply way make principled choice interpreting one person one vote protecting eligible voters protecting total inhabitants within state though theories noble constitution make either exclusive means apportionment state local representatives guaranteeing republican form government art iv constitution resolve whether ultimate basis representation right citizens cast equal ballot right inhabitants equal representation constitution instead reserves matters people majority attempt today divine single apportionment based representation ante quoting cong globe rests flawed reading history wrongly picks one side debate framers resolve constitution constitution lacks single comprehensive theory representation framers understood tension majority rule protecting fundamental rights majorities understanding led mixed constitutional structure embrace single theory representation instead struck compromise sought equitable system representation concerned majority abuse plenary control public policy madison wrote dependence people doubt primary controul government experience taught mankind necessity auxiliary precautions federalist cooke ed theory constitution framers therefore made difficult compromises apportionment federal representation prescribe one theory divide legislatures view framers ultimate political power derives citizens created equal declaration independence beliefs equality representation extension majority rule influenced constitutional structure years revolution framing framers experimented different ways securing political system improper influence electoral safeguards representational system critical equality representation wood creation american republic wood framers preference apportionment representation majority rule driven partially belief citizens inherently equal system citizens equal legislature equal representation equal interests among people equal interests assembly thoughts government works john adams adams ed british parliament fell short goal addition hereditary nobility half members democratic house commons elected sparsely populated districts rotten boroughs wood baker frankfurter dissenting framers preference majority rule also reaction shortcomings articles confederation articles state cast one vote regardless population congress act assent nine articles confederation art ix cl art art xi system proved undesirable small ability paralyze national legislature see federalist hamilton consequently topic dividing representation came constitutional convention framers advocated proportional representation throughout national legislature records federal convention pp farrand ed alexander hamilton voiced concerns unfairness allowing minority rule majority explaining convention opposed giving equal vote national legislature hamilton asked rhetorically three contain majority inhabitants america governed minority see also federalist hamilton objecting supermajoritarian voting requirements allow entrenched minority controul opinion majority respecting best mode conducting public business james madison opined general government needed direct mandate people federal power immediately derived people proportion numbers according madison federal government weak congress articles confederation records federal convention many ways constitution reflects preference majority rule pass congress ordinary legislation requires simple majority present members vote favor features apportionment house representatives reflected idea wield political power approximate proportion number inhabitants ante thus equal representation equal numbers people ante internal quotation marks emphasis omitted features prominently representatives apportioned among features constitution reflect preference members founding generation equality representation explained single theory constitution framers also understood unchecked majorities lead tyranny majority result many viewed antidemocratic checks indispensable republican government included among antidemocratic checks legislatures deviated perfect equality representation framers believed proper government promoted common good conceived good objective inherently coextensive majoritarian preferences see federalist hamilton defining common good public good true interests community madison permanent aggregate interests community government promote common good simply obey majority see ibid discussing majoritarian factions government must also protect fundamental rights see declaration independence blackstone commentaries principal aim society protect individuals enjoyment absolute rights vested immutable laws nature particular concern framers majority people violating property rights minority madison observed common durable source factions various unequal distribution property federalist poignant example occurred massachusetts became known shays rebellion armed debtors attempted block legal actions creditors recover debts although rebellion ultimately put debtors sought relief state legislatures auspices constitutional forms letter james madison thomas jefferson apr papers thomas jefferson boyd ed see wood structural political checks democratic lawmaking creditors found rights jeopardized state laws relieving debtors obligation pay authorizing forms payment devalued contracts mcconnell contract rights property rights case study relationship individual liberties constitutional structures cal rev see also fletcher peck cranch marshall explaining contract clause came framers desire shield property effects sudden strong passions men exposed framers concerns placing unchecked power political majorities constitution majoritarian provisions part complex republican structure framers also placed several antidemocratic provisions constitution original constitution permitted direct election representatives art cl senators president selected indirectly see art cl art ii cls great compromise guaranteed large small voting equality senate malapportioning senate framers prevented large outvoting small adopt policies advance large interests expense small see federalist madison countermajoritarian measures reflect framers aspirations promoting competing goals rejecting hereditary class system thought political power resided people time sought check majority rule promote common good mitigate threats fundamental rights framers understood designing government fulfill conflicting tasks respecting fundamental equality persons promoting common good requires making incommensurable tradeoffs reason attempt restrict one form government instead constitution broadly required maintain republican form government art iv framers otherwise left make tradeoffs reconcile competing goals republican governments promote common good placing power hands people curtailing majority ability invade minority fundamental rights framers recognized universal formula accomplishing goals framing many state legislatures bicameral often reflecting multiple theories representation ix original thirteen based representation houses state legislatures population hayden false promise one person one vote rev common base representation least part state political subdivisions even subdivisions varied heavily populations wood baker frankfurter dissenting reflecting history constitution continued afford significant leeway structuring republican governments framing republican referred lacing government people republick state power lodged one johnson dictionary english language ed see also federalist madison may define republic least may bestow name government derives powers directly indirectly great body people administered persons holding offices pleasure limited period good behaviour requiring republican governments constitution prohibited monarchies aristocracies see argue constitution also prohibited adopting direct democracies compare wood republicanism equated democracy amar america constitution biography arguing provision prohibited monarchies aristocracies direct democracy see also federalist madison distinguishing democracy republic beyond however constitution left matters open people decide constitution says nothing type republican government must follow framers wanted deny powers state governments explicitly see art cl state shall pass bill attainder ex post facto law law impairing obligation contracts none reconstruction amendments changed original understanding republican government amendments brought blacks within existing american political community fourteenth amendment pressured adopt universal male suffrage reducing noncomplying state representation congress amdt fifteenth amendment prohibited restricting right suffrage based race amdt far amendments went justice harlan explained reynolds neither amendment provides theory much weight vote must receive require state apportion houses legislature solely population basis see dissenting opinion justice alito quite convincingly demonstrates majority errs reading theory equal representation apportionment provision fourteenth amendment see post opinion concurring judgment attempt impose political theory upon produced morass problems problems antithetical values framers embraced constitution problems confirm wrong entangle political process first embracing one person one vote arrogated judiciary important value judgments constitution reserves people reynolds example proclaimed egislators represent people trees acres egislators elected voters farms cities economic interests accordingly electoral districts must roughly equal population explained constitution permits impose view beyond reynolds assertions driven belief single correct answer question much voting strength individual citizen assertions overlook control factions legislate common good individual voting strength must sometimes yield countermajoritarian checks principle less force within federal system see federalist madison recognizing smaller republics individual prone capture special interests instead large versus small interests may pit urban areas versus rural manufacturing versus agriculture property versus without cf reynolds supra harlan dissenting single method reconciling competing interests role calibrate democracy vain search optimum solution government argues apportioning legislators metric total population risks rendering residents country ineligible unwilling unable vote invisible irrelevant system representative democracy brief amicus curiae argument rests faulty premise system representative democracy requires specific groups representation specific manner explained constitution impose requirement see parts supra recently reminded us free serve democracy arizona state legislature arizona independent redistricting slip laboratory extends experimenting nature democracy second efforts monitor political process failed provide consistent guidance even justifiable enforce principle majority rule unable principled manner precedents address myriad ways minorities fleeting majorities entrench political system place policy choices constitutions supermajoritarian voting rules legislative assembly see art constitutionalizing public employee pensions ill art vii requiring vote general assembly certain local ordinances theory course seem make difference state legislature unresponsive majority residents state assembly requires vote pass bill population elects representatives far constitution concerned single correct way design republican government republic reconcile giving power people diminishing influence special interests wisdom framers recognized dilemma left people resolve trying impose theory democracy hopelessly adrift amid political theory politics guiding legal principles iii case illustrates confusion cases wrought parties government offer three positions cases require equalize appellants view fourteenth amendment protects right equal vote brief appellants appellees contrast argue fourteenth amendment protects invidious discrimination view discrimination occurs rational basis population base select even base leaves eligible voters malapportioned brief appellees solicitor general suggests reapportionment total population permissible standard reynolds recognized right equal representation equal numbers people brief amicus curiae although majority choose among theories necessarily denies equal protection clause protects right cast equally weighted ballot prevail appellants deny importance equal representation equalize total population total voting power within districts show right cast equally weighted vote part right recognized majority declines find right equal protection clause ante rather majority acknowledges every sentence appellants quote opinions establishing right equal vote one respond line casting guarantee terms equality representation voter equality ante precedents consistent appellants position constitutionally available choice allocate districts equalize eligible voters majority concludes appellants challenge fails ante agree majority ultimate disposition case far original understanding constitution concerned state wide latitude selecting population base apportionment see part supra use total population eligible voters nondiscriminatory voter base ibid bicameral legislature mixture theories one population base lower house another upper chamber ibid precedents compel contrary conclusion appellants correct precedents primarily based jurisprudence theory eligible voters right vote dilution hadley reynolds jurisprudence vacillated much conclude precedents preclude allocating districts based total population instead see burns recognizing may choose nondiscriminatory population bases circumstances choice best left people decide apportion legislature single correct method apportioning state legislatures constitution make centralized politburo appointed life dictate provinces theories democratic representation electoral systems securing truly government holder hall thomas concurring judgment majority continues misguided search concur judgment alito concurring judgment sue evenwel et appellants greg abbott governor texas et al appeal district western district texas april justice alito justice thomas joins except part concurring judgment question must decide case whether texas violated principle established reynolds sims adopting legislative redistricting plan provides districts roughly equal total population appellants contend texas required create districts equal number eligible voters agree texas use total population violate rule practical considerations precedent support conclusion use total population consistent rule decennial census required constitution tallies total population art cl amdt statistics reliable less subject manipulation dispute statistics concerning eligible voters since reynolds almost uniformly used total population attempting create legislative districts equal size one notable exception burns richardson cases likewise looked total population moreover much time creating districts equal total population also results creation districts least roughly equal eligible voters therefore agree permitted use total population redistricting plans ii although conclusion sufficient decide case us texas asks us go hold generally free use total population statistics barred using eligible voter statistics texas points burns held hawaii violate principle adopting plan sought equalize number registered voters district disagreeing texas solicitor general dismisses burns anomaly argues use total population constitutionally required solicitor general contends rule means persons whether eligible vote entitled equal representation legislature accordingly argues legislative districts must equal total population even results districts grossly unequal number eligible voters situation likely arise aliens disproportionately concentrated parts state argument like advanced appellants implicates difficult theoretical empirical questions nature representation centuries political theorists debated proper role political scientists studied conduct legislators interests actually need wade waters case whether state permitted use measure total population important sensitive question consider us state districting plan unlike current texas plan uses something total population basis equalizing size districts iii purport decide whether state may base districting plan something total population picking key component solicitor general argument suggests use total population supported constitution formula allocating seats house representatives among house seats allocated based total population solicitor general argues principle requires districts equal total population write separately primarily endorse meretricious argument first allocation congressional representation sheds little light question presented solicitor general argument allocation plainly violates one person one obviously true respect senate although equal representation senate populous state california times many people least populous wyoming see census resident population data http even allocation house seats comport one person one vote every state entitled least one seat house even state population lower average population house districts nationwide art cl today north dakota vermont wyoming fall category see census apportionment data http one person one vote applied allocation house seats among much doubt uphold plan one representative represents fewer people wyoming nearly million people next door second reynolds sims squarely rejected argument constitution allocation congressional representation establishes test constitutionality state legislative districting plan one alabama districting plan case seats state senate allocated county much seats senate allocated state time upper houses state legislatures similar respect reynolds noted system representation two houses federal congress conceived compromise concession indispensable establishment federal republic rejecting alabama argument system supported constitutionality state apportionment senate seats concluded founding fathers clearly intention establishing pattern model apportionment seats state legislatures system representation federal congress adopted see also gray sanders third reynolds recognized reliance constitution allocation congressional representation profoundly ahistorical formula allocating house seats first devised reconsidered time adoption fourteenth amendment overwhelming concern far removed abstract theory nature representation instead dominant consideration distribution political power among original constitution allocation house seats involved reynolds rather delicately termed compromise concession seats apportioned among according respective numbers numbers determined adding whole number free persons three fifths persons art cl phrase persons euphemism slaves delegates constitutional convention slave insisted infamous clause condition support constitution clause gave slave power house electoral college enjoyed free persons delegates demand slave representation based philosophical notion representatives serve residents eligible registered vote ante account original constitution allocation also plucks context alexander hamilton statement apportionment characterizes hamilton words precisely robert yates summary fellow new yorker words endorsing apportionment total population positions words hamilton talking apportionment house ante neither entirely accurate quote comes controversy senate apportionment debate turned whether apportion population see generally records federal convention pp farrand ed hamilton argued favor allocating senate seats population question interest modifying general government sacrifice individual rights preservation rights artificial called truer principle every individual community large equal right protection government therefore three contain majority inhabitants america governed minority inhabitants great ever submit smaller maintain principle love power larger motives equally tenacious preserve power clear passage quoted hamilton according yates thought fight apportionment naked power lofty ideal nature representation interpretation confirmed james madison summary statement hamilton truth meaning debate apportionment contest power liberty state delaware souls lose power votes allowed far ndorsing apportionment based total population ante hamilton merely acknowledging obvious apportionment new national government outcome contest raw political power abstract political theory civil war fourteenth amendment drafted question apportionment formula arose thaddeus stevens leader radical republicans unsuccessfully proposed apportionment based eligible voters rather total population opinion suggests rejection stevens proposal signified adoption theory representatives properly understood represent residents districts whether eligible vote ante case however power politics democratic theory carried day making proposal stevens candidly explained proposal primary aim perpetuate dominance republican party northern cong globe van alstyne fourteenth amendment right vote understanding congress rev van alstyne stevens spelled house seats based total population power former slave magnified prior civil war slave counted person purposes apportionment house seats result emancipation proclamation thirteenth amendment former slaves fully counted even permitted vote stevens calculation give south additional votes house electoral college cong globe van alstyne stevens proposal met opposition joint committee reconstruction including majority notes james blaine ante yet hamilton majority plucks blaine words context several propositions amend federal constitution respect basis representation congress propositions give future representation proportioned voters instead inhabitants effect contemplated intended change perfectly well understood hands frankly avowed deprive lately rebellious unfair advantage large representation house based colored population long population shall denied political rights legislation direct object thus aimed respects rebellious generally approved little thought seems given incidental evils proposed constitutional amendment inflict large portion loyal evils judgment serious alarming lead oppose amendment form yet presented abstract proposition one deny population true basis representation women children classes may vital interest legislation country actually deposit ballot voters instead population shall made basis representation certain results follow fully appreciated perhaps urgent change cong globe fully appreciated incidental evi blaine view disruption loyal representation congress blaine described varying suffrage requirements loyal lead instance california entitled eight seats house vermont entitled three despite similar populations ibid see also ackerman people transformations van alstyne mattered blaine loyal neither deserved suffer loss relative political power blaine therefore proposed apportion representatives whole number persons except civil political rights privileges denied abridged constitution laws state account race color cong globe simple direct way seems reaching result aimed without embarrassment question interest leaves population heretofore basis representation disturb manner harmonious relations loyal conclusively deprives southern representation congress account colored population long may choose abridge deny population political rights privileges accorded others ibid obvious lengthy passages blaine recognized generally approved result aimed deprive southern political power far quibbling aim sought achieve limiting collateral damage loyal northern see van alstyne roscoe conkling majority also quotes ante seemed concerned apportionment narrow ing basis taxation seriously abstract notions representational equality cong globe representation go taxation ibid apportionment citizenship narrow basis taxation cause considerable inequalities respect number aliens large growing larger emigrants reach shores rate state year hamilton ward also quoted majority ante primarily disturbed fact one south carolinian whose hands red blood fallen patriots whose skirts reeking odors columbia andersonville voice potential halls two half vermont soldiers come back grandest history maimed scarred contest south carolina traitors efforts destroy government secondarily worried prospect taxation without representation cong globe even jacob howard theory constitution language ante bemoaned fact basing representation total population allow southern obtain advantage possess rebellion emancipation cong globe object think consistently call upon us grant additional number representatives simply consequence misconduct lost property meaning slaves slaveholders considered property possessed served basis great part representation ibid list go bottom line leadup fourteenth amendment claims representational equality invoked service real goal preventing southern acquiring much power national government much debate congress eventually settled compromise appears fourteenth amendment provision house seats apportioned based total population state wrongfully denies right vote certain percentage population representation supposed reduced enforcement remedy however dependent action congress regrettably remedy never used long period voting rights widely abridged amar light history article original constitution fourteenth amendment clear apportionment seats house representatives based substantial part distribution political power among merely theory regarding proper nature representation impossible draw clear constitutional command complex history reasons hold texas permissibly used total population drawing challenged legislative districts therefore concur judgment footnotes avery midland county applied rule legislative apportionment local level maximum population deviation sum percentage deviations perfect population equality districts see chapman meier example largest district overpopulated smallest district underpopulated map maximum population deviation constitutions statutes ten california delaware hawaii kansas maine maryland nebraska new hampshire new york washington authorize removal certain groups apportionment base see app brief appellees listing relevant state constitutional statutory provisions hawaii kansas washington exclude certain nonpermanent residents including nonresident members military haw art iv kan art wash art ii see also pt art authorizing state legislature make suitable adjustments general census account temporarily residing state california delaware maryland new york exclude inmates domiciled prior incarceration cal elec code ann west cum supp del code tit supp md state govt code ann legis law ann west cum constitutions maine nebraska authorize exclusion noncitizen immigrants art iv pt neb art iii neither provision operational written brief amicus curiae various plaintiffs challenged texas state house state senate congressional maps inter alia voting rights act sought received injunction barring texas use new maps maps received preclearance see allen state bd elections individual may bring suit declaratory judgment injunctive relief claiming state requirement covered subjected required federal apart objecting baseline appellants challenge senate map deviation challenge use baseline congressional districting district noted ninth circuit likewise rejected appellants theory voter population must roughly equalized see garza county also declining mandate apportionment fourth fifth circuits suggested choice apportionment base may present nonjusticiable political question see chen houston eminently political question left political process daly hunt quintessentially decision made state federal courts inherently political legislative process district appellants suggested districting bodies also comply rule equalizing populations districts appellants repeated argument see tr oral arg observes choice constitutional language reflects historical fact constitution drafted later amended right vote closely correlated citizenship brief amicus curiae restrictions franchise left large groups citizens including women many males land unable cast ballots yet framers understood citizens nonetheless entitled representation government justice alito observes hamilton stated principle opposing allocation equal number senate seats state post opinion concurring judgment context however diminish hamilton principled argument allocating seats protect representational rights every individual community large records federal convention farrand ed justice alito goes quote james madison proposition hamilton concerned simply outcome contest raw political power post notably statement justice alito quotes madison attributing motive hamilton instead according madison hamilton attributing motive advocates equal representation farrand supra one need gainsay hamilton backdrop political controversies day reality however deterred past reliance statements principle see printz justice alito adds third claiming allocation representation sheds little light meaning rule allocation plainly violates one person one vote post proposition justice alito notes constitutional guarantee two senate seats least one house seat state regardless population guarantees bear kinship separate question dominated fourteenth amendment ratification debates state received guaranteed house seat basis additional seats allocated justice alito asserts taken statements fourteenth amendment framers context post see also post laims representational equality invoked service real goal preventing southern acquiring much power national like alexander hamilton see supra fourteenth amendment framers doubtless made arguments rooted practical political realities well principle politics played part however warrant rejecting principled argument event motivations aside framers ultimate choice total population rather voter population surely relevant whether appellants argue equal protection clause mandates use voter population rather total population appellants also observe standing cases rested plaintiffs status voters whose votes diluted considered standing nonvoters challenge map malapportioned basis issue moreover unlikely ever arise given ease finding voters willing serve plaintiffs malapportionment cases contrast insubstantial evidence marshaled appellants cites several studies documenting uneven distribution immigrants throughout country see brief amicus curiae appellants point constituents constitutional right equal access elected representatives state certainly interest taking reasonable nondiscriminatory steps facilitate access residents insofar appellants suggest texas roughly equalized total population population never required jurisdictions use multiple population baselines event appellants never presented map manages equalize measures perhaps map exist map necessarily ignore traditional redistricting principles including maintaining communities interest respecting municipal boundaries footnotes opinions used one person one vote one man one vote interchangeably compare gray sanders one person one vote hadley junior college dist metropolitan kansas city one man one vote internal quotation marks omitted gray used one person one vote noting expansion political equality history including adoption nineteenth amendment guaranteed women right vote footnotes see pitkin concept representation iscussions representation marked persistent controversies seem defy solution ibid another vexing seemingly endless controversy concerns proper relation representative constituents political representation shapiro stokes wood kirshner eds elations democratic ideal everyday practice political representation never well defined remain subject vigorous debate among historians political theorists lawyers citizens need better understanding complex relations multifarious parts aspiring develop general theory representation dovi political representation stanford encyclopedia philosophy zalta ed spring ur common understanding political representation one contains different conflicting conceptions political representatives represent holds representatives standards mutually incompatible online http internet materials last visited mar ibid hat exactly representatives hotly contested issue see andeweg roles legislatures oxford handbook legislative studies martin saalfeld strøm eds explaining social sciences succeeded distilling unambiguous concept ion role legislator introduction like political science general scholars legislatures approach topic different least partially competing theoretical perspectives diermeier formal models legislatures formal study legislative politics come long way much remains done best vogel sociology legislators legislatures stable representative democracies institutional frameworks informal arrangements achieve equilibrium competing demands constituents political opponents situation affects daily interactions legislators largely unknown justice thomas notes ante opinion concurring judgment plan house representatives based large part view equality representation answer question whether eligible voters appellants urge citizens residents equally represented constitution allocates house seats based total inhabitants explain dominant exclusive reason choice allocation political power among brushes original constitution allocation congressional representation narrowing fourteenth amendment ratification debates ante debates held shadow original allocation congress decided debates retain original apportionment formula minus infamous clause attach penalty disenfranchisement eligible voters short fourteenth amendment made structural changes apportionment bear rule see amar america constitution biography amar best justification clause sounded neither republican principle revolutionary ideology raw politics see also explaining protective coloring camouflaging slave power grab wasted constitution pegged apportionment number voters glaringly inconsistent nonvoting slaves cf van cleve slaveholders union slave saw slave representation direct political protection wealth consisting slave property possible northern attacks slavery told convention unequivocally needed protection order obtain ratification constitution compromise representation awarded disproportionate shares representative influence certain vested interests one slave labor economies see amar masters rule claim virtually represent best interests slaves masters claimed right maim sell slaves doom yet unborn posterity perpetual bondage count virtual representation anything section provides representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed right vote election choice electors president vice president representatives congress executive judicial officers state members legislature thereof denied male inhabitants state years age citizens way abridged except participation rebellion crime basis representation therein shall reduced proportion number male citizens shall bear whole number male citizens years age state needless say reference provision male inhabitants years age superseded nineteenth amendments notably reduction representation pegged proportion eligible voters denied suffrage section provision makes appearance structural analysis