burns
richardson
argued
february
decided
april
together
cravalho
et
al
richardson
et
al
abe
et
al
richardson
et
also
appeal
hawaii
constitution
provides
three
small
counties
elect
state
senators
fourth
county
oahu
state
population
elects
apportionment
authorized
constitution
oahu
allocated
seats
state
house
representatives
representatives
elected
districts
apportioned
basis
number
registered
voters
suit
brought
federal
district
attacking
apportionment
plan
district
held
senate
house
apportionment
unconstitutional
directed
legislature
submit
voters
question
convention
amend
constitution
motion
intervening
legislators
modified
order
require
enactment
three
statutes
interim
senate
apportionment
plan
using
registered
voters
basis
submitted
use
election
constitutional
amendment
embodying
pertinent
provisions
interim
plan
submission
voters
election
submission
electorate
question
calling
constitutional
convention
senate
apportionment
plan
adopted
legislature
allocated
senators
oahu
basis
registered
voters
senators
elected
five
districts
district
expressly
approving
use
registered
voters
basis
disapproved
plan
failure
create
districts
reinstated
earlier
order
requiring
immediate
resort
convention
method
held
permitting
legislative
action
district
allowed
legislative
review
entire
apportionment
scheme
without
restricting
available
choices
interim
permanent
plans
pp
proposed
senate
reapportionment
plan
together
existing
house
apportionment
constitutes
interim
arrangement
shown
fall
short
federal
standards
pp
equal
protection
clause
require
least
one
house
bicameral
legislature
consist
districts
legislative
choice
districts
subject
constitutional
challenge
upon
showing
plan
designed
operate
minimize
cancel
voting
strength
racial
political
groups
showing
made
pp
although
houses
legislature
must
apportioned
substantially
population
basis
equal
protection
clause
require
use
total
population
figures
derived
federal
census
standard
measure
substantial
population
equivalency
pp
hawaii
registered
voters
basis
depending
part
upon
political
activity
chance
factors
permissible
population
basis
may
used
long
produces
distribution
legislators
substantially
different
result
use
permissible
population
basis
pp
hawaii
special
population
problems
including
large
concentrations
military
transients
centered
oahu
suggest
state
citizen
population
rather
total
population
appropriate
comparative
guide
pp
registered
voters
basis
acceptable
interim
plan
view
district
conclusion
apportionment
achieved
use
substantially
approximated
occurred
state
citizen
population
guide
pp
district
directed
remand
enter
order
adopting
proposed
senate
reapportionment
plan
plus
existing
house
apportionment
interim
legislative
apportionment
hawaii
retaining
jurisdiction
proceedings
may
appropriate
general
elections
held
bertram
kambara
deputy
attorney
general
hawaii
dennis
lyons
argued
cause
appellant
appellees
nos
briefs
bert
kobayashi
attorney
general
nobuki
kamida
deputy
attorney
general
thurman
arnold
john
rigby
james
funaki
argued
cause
appellants
appellees
nos
brief
eugene
lau
yukio
naito
argued
cause
appellants
appellees
nos
brief
kazuhisa
abe
appellant
pro
se
robert
kimura
robert
dodge
masaji
marumoto
argued
cause
filed
briefs
appellees
three
cases
mr
dodge
brief
appellee
richardson
william
richardson
appellee
pro
se
richard
sharpless
filed
brief
harold
roberts
amicus
curiae
urging
affirmance
justice
brennan
delivered
opinion
reapportionment
case
brought
district
hawaii
residents
qualified
voters
city
county
honolulu
appellees
three
appeals
consolidated
alleged
hawaii
legislative
apportionment
unconstitutional
decisions
reynolds
sims
companion
cases
william
richardson
lieutenant
governor
hawaii
also
appellee
three
appeals
named
defendant
capacity
state
officer
responsible
supervising
state
elections
john
burns
governor
hawaii
appellant
intervened
party
plaintiff
members
state
house
representatives
appellants
members
state
senate
appellants
intervened
parties
defendant
hawaii
constitution
adopted
put
effect
upon
admission
statehood
state
divided
four
major
counties
referred
state
constitution
basic
areas
county
made
group
islands
separated
counties
wide
deep
ocean
waters
principal
island
city
county
honolulu
populous
county
island
oahu
state
industrial
center
principal
tourist
attraction
site
many
federal
military
establishments
located
state
state
population
lived
three
counties
primarily
rural
agricultural
hawaii
county
maui
county
kauai
county
apportionment
article
state
constitution
framed
assure
three
small
counties
choose
controlling
majority
state
senate
population
center
oahu
control
state
house
representatives
thus
art
iii
state
constitution
apportions
senate
among
six
fixed
senatorial
districts
assigning
specified
number
seats
fifteen
senate
seats
controlling
majority
allocated
among
hawaii
kauai
maui
counties
seats
assigned
oahu
alteration
apportionment
made
difficult
provision
constitutional
amendment
altering
representation
senatorial
district
senate
shall
become
effective
unless
shall
also
approved
majority
votes
tallied
upon
question
majority
counties
hawaii
art
xv
state
house
representatives
hand
state
constitution
establishes
representative
districts
oahu
requires
governor
apportion
body
among
districts
basis
number
voters
registered
first
apportionment
occurred
prior
statehood
based
registration
figures
territorial
election
produced
representative
districts
five
districts
allocated
representatives
controlling
majority
oahu
governor
required
reapportion
state
decennially
duty
may
enforced
mandamus
form
state
apportionment
scheme
first
attacked
hawaii
within
month
decided
reynolds
sims
refused
pass
validity
apportionment
time
noted
imminence
election
stated
belief
consistent
hawaii
constitution
judicial
proceedings
await
legislative
proposals
constitutional
amendment
constitutional
convention
guntert
richardson
haw
compare
reynolds
sims
special
legislative
session
called
governor
consider
reapportionment
failed
act
suit
brought
august
convened
required
interim
relief
denied
view
pendency
elections
hearings
set
january
published
first
decision
order
february
supp
order
declared
provisions
apportionment
plan
contained
hawaii
constitution
valid
equal
protection
clause
except
mentioned
provisions
relating
apportionment
state
senate
affirmatively
declared
invalid
unconstitutional
february
order
district
decided
fashion
reapportionment
plan
senate
instruct
legislature
reapportion
senate
propose
constitutional
amendments
purpose
instead
directed
legislature
submit
electorate
immediate
special
election
question
shall
convention
propose
revision
amendments
constitution
legislature
also
directed
establish
convention
procedures
according
timetable
set
retained
jurisdiction
purposes
including
reapportioning
senate
event
negative
vote
question
failure
convention
adopt
suitable
amendment
rejection
electorate
amendment
adopted
convention
chose
convention
route
legislative
route
two
reasons
hawaii
constitution
elections
necessary
adoption
amendments
proposed
constitutional
convention
may
held
special
basis
legislative
proposals
hand
may
submitted
general
election
starting
machinery
necessary
convention
hoped
valid
permanent
plan
presented
electorate
adopted
next
general
election
held
second
reason
doubted
legislature
able
agree
amendment
proposal
reapportioning
senate
view
failure
previously
called
legislative
special
session
act
special
elections
necessary
order
however
entailed
substantial
expense
motion
intervening
legislators
showed
substantial
progress
towards
legislative
proposal
amendment
march
modified
order
suggested
parties
suspended
february
order
instead
required
legislature
enact
three
separate
statutes
turning
regular
legislative
business
one
statute
propose
interim
senate
apportionment
plan
using
registered
voters
basis
submitted
approved
adopted
plan
use
general
election
second
statute
propose
constitutional
amendment
embodying
pertinent
provisions
interim
plan
submitted
people
approval
election
third
statute
submit
question
calling
constitutional
convention
electorate
general
election
three
statutes
enacted
one
measures
us
proposed
interim
plan
apportionment
senate
hawaii
sess
laws
act
plan
followed
pattern
house
apportionment
established
eight
senatorial
districts
five
oahu
required
order
senators
apportioned
basis
registered
voters
using
figures
derived
registration
general
elections
oahu
allocated
senators
controlling
majority
total
apportionment
scheme
resulted
enactment
oahu
districts
either
house
senate
distribution
registered
voters
oahu
oahu
representative
districts
two
six
representatives
five
senatorial
districts
either
three
four
senators
hawaii
county
single
senatorial
district
represented
three
senators
five
representative
districts
four
choosing
single
representative
fifth
electing
three
maui
county
single
senatorial
district
electing
two
senators
two
representative
districts
one
electing
four
single
representative
kauai
county
single
senatorial
single
representative
district
electing
one
senator
three
representatives
thus
oahu
total
population
elect
senate
senators
house
representatives
new
senate
apportionment
scheme
submitted
immediately
upon
passage
opinion
order
april
district
disapproved
reinstated
provision
earlier
order
requiring
immediate
resort
convention
method
supp
expressly
approved
use
registered
voters
measure
population
disapproval
based
legislative
decision
create
senatorial
districts
oahu
merely
increase
number
senatorial
districts
island
two
five
contended
apportionment
failed
meet
standard
reynolds
sims
use
districts
use
registered
voters
apportionment
base
offend
equal
protection
clause
may
governor
filed
notice
appeal
certain
provisions
two
orders
thereafter
participating
senators
representatives
also
filed
notices
appeal
parts
orders
noted
probable
jurisdiction
consolidated
appeals
argument
set
aside
vacate
orders
remand
proceedings
consistent
opinion
parties
concede
invalidity
provisions
art
iii
apportioning
senate
basis
geography
rather
population
provision
art
xv
requiring
majority
vote
electorate
majority
counties
amend
senatorial
apportionment
established
constitution
district
concluded
matter
state
law
house
senate
apportionment
plans
severable
compare
lucas
colorado
general
assembly
even
maryland
committee
tawes
holds
reviewing
apportionment
plan
must
consider
scheme
whole
implicit
principle
proposition
body
creating
apportionment
plan
compliance
judicial
order
ordinarily
left
free
devise
proposals
apportionment
overall
basis
governor
argues
district
committed
fundamental
error
preventing
hawaii
legislature
engaging
deliberations
reason
alone
legislative
product
inevitably
tinged
constitutional
error
agree
district
decided
permit
legislative
action
made
clear
hawaii
legislature
propose
modification
house
well
senate
plan
interim
apportionment
adopted
order
proposals
permanent
reapportionment
constitutional
amendment
approach
enabled
legislature
channel
efforts
permanent
rather
temporary
change
indeed
failure
invite
thoroughgoing
consideration
particularly
unfortunate
connection
requirement
order
march
hawaii
legislature
prepare
constitutional
amendments
permanent
apportionment
plan
directing
permanent
plan
incorporate
interim
reapportionment
plan
restricting
choices
available
legislature
adopting
interim
plan
put
significant
restraints
legislature
deliberations
permanent
apportionment
seemed
limit
legislature
consideration
senate
apportionment
also
require
registered
voters
basis
used
apportionment
constraints
together
district
action
explicitly
sustaining
constitutionality
house
apportionment
order
february
may
limited
opportunities
legislature
construct
total
scheme
apportionment
best
suited
state
needs
decision
reynolds
sims
emphasized
legislative
reapportionment
primarily
matter
legislative
consideration
determination
judicial
relief
becomes
appropriate
legislature
fails
reapportion
according
federal
constitutional
requisites
timely
fashion
adequate
opportunity
point
reached
state
freedom
choice
devise
substitutes
apportionment
plan
found
unconstitutional
either
whole
part
restricted
beyond
clear
commands
equal
protection
clause
dealing
however
interim
plan
state
remains
free
adopt
plans
apportionment
present
interim
plan
remain
effect
longer
time
necessary
adopt
permanent
plan
general
elections
imminent
election
machinery
must
put
operation
proceedings
completed
context
question
embarrassment
state
legislative
deliberations
may
put
aside
present
purposes
may
treated
together
existing
house
apportionment
new
overall
proposal
interim
apportionment
question
us
whether
viewing
resulting
plan
entirety
without
regard
history
falls
short
federal
constitutional
standards
conclude
reasons
stated
existing
house
apportionment
together
constitute
interim
legislative
apportionment
shown
fall
short
federal
standards
direct
district
enter
order
appropriate
adopt
plan
legislative
apportionment
applicable
election
thereafter
constitutional
permanent
plan
adopted
constitutional
deficiencies
interim
plan
shown
another
interim
plan
reapportionment
hawaii
legislature
suggested
legislature
approved
ii
april
opinion
began
analysis
terms
interim
senate
apportionment
plan
effect
upon
representation
state
scheme
representation
whole
district
concerned
population
disparities
however
considered
difference
representational
effectiveness
legislative
districts
informal
memorandum
circulated
among
parties
early
april
district
advised
legislature
doubts
concerning
validity
senatorial
districting
plan
saying
believe
senate
redistricted
single
senatorial
districts
although
may
approve
districts
legislature
affirmatively
show
substantial
reasons
therefor
may
well
valid
reasons
one
two
districts
neighboring
islands
perceive
justification
whatsoever
single
member
districts
island
oahu
particularly
heavily
populated
areas
thereof
equal
protection
clause
require
least
one
house
bicameral
state
legislature
consist
legislative
districts
see
fortson
dorsey
requirements
reynolds
sims
met
apportionment
schemes
including
districts
constitute
invidious
discrimination
shown
designedly
otherwise
constituency
apportionment
scheme
circumstances
particular
case
operate
minimize
cancel
voting
strength
racial
political
elements
voting
population
may
invidious
effect
easily
shown
contrast
facts
fortson
districts
large
relation
total
number
legislators
districts
appropriately
subdistricted
assure
distribution
legislators
resident
entire
district
districts
characterize
houses
bicameral
legislature
rather
one
demonstration
particular
scheme
effects
invidious
result
must
appear
evidence
record
cf
mcgowan
maryland
demonstration
made
relying
conjecture
effects
districting
rather
demonstrated
fact
acted
manner
appropriate
body
responsible
drawing
districting
plan
speculations
supply
evidence
districting
designed
invidious
effect
necessary
judgment
unconstitutionality
districting
indeed
better
insisted
legislature
justify
proposal
except
insofar
thus
reserved
ultimate
decision
constitutionality
vel
non
legislature
assign
reasons
choice
district
decided
properly
impose
senate
apportionment
allow
legislature
frame
one
judgments
exclusively
legislature
make
subject
constitutional
challenge
upon
demonstration
interim
apportionment
although
made
proper
population
basis
designed
operate
minimize
cancel
voting
strength
racial
political
elements
voting
population
iii
dispute
use
distribution
according
registered
voters
basis
hawaiian
apportionment
arises
sizable
differences
results
produced
distribution
contrast
produced
distribution
according
state
total
population
measured
federal
census
figures
oahu
share
hawaii
total
population
share
persons
actually
registered
basis
total
population
oahu
assigned
members
house
representatives
basis
registered
voters
entitled
representatives
probably
uneven
distribution
military
residents
largely
unregistered
differences
among
various
districts
oahu
even
striking
example
total
population
basis
oahu
ninth
tenth
representative
districts
entitled
representatives
fifteenth
sixteenth
representative
districts
entitled
eight
registered
voter
basis
however
ninth
tenth
districts
claim
six
representatives
fifteenth
sixteenth
districts
entitled
holding
reynolds
sims
characterized
cases
decided
day
houses
bicameral
state
legislature
must
apportioned
substantially
population
basis
start
proposition
equal
protection
clause
require
use
total
population
figures
derived
federal
census
standard
substantial
population
equivalency
measured
although
total
population
figures
fact
basis
comparison
case
others
decided
day
discussion
carefully
left
open
question
population
referred
several
points
discussed
substantial
equivalence
terms
voter
population
citizen
population
making
distinction
acceptability
test
test
based
total
population
indeed
wmca
lomenzo
decided
day
treated
apportionment
based
upon
citizen
population
presenting
problems
different
apportionments
using
total
population
measure
neither
reynolds
sims
decision
suggested
required
include
aliens
transients
temporary
residents
persons
denied
vote
conviction
crime
apportionment
base
legislators
distributed
compliance
equal
protection
clause
measured
decision
include
exclude
group
involves
choices
nature
representation
shown
constitutionally
founded
reason
interfere
unless
choice
one
constitution
forbids
carrington
rash
resulting
apportionment
base
offends
constitutional
bar
compliance
rule
established
reynolds
sims
measured
thereby
use
registered
voter
actual
voter
basis
presents
additional
problem
basis
depends
upon
criteria
govern
state
citizenship
also
upon
extent
political
activity
eligible
register
vote
thus
susceptible
improper
influences
political
power
might
able
perpetuate
underrepresentation
groups
constitutionally
entitled
participate
electoral
process
perpetuate
ghost
prior
malapportionment
moreover
fluctuations
number
registered
voters
given
election
may
sudden
substantial
caused
fortuitous
factors
peculiarly
controversial
election
issue
particularly
popular
candidate
even
weather
conditions
ellis
mayor
city
council
baltimore
cir
effects
must
particularly
matter
concern
case
hawaii
apportionment
registration
figures
derived
single
election
made
controlling
long
years
view
considerations
hold
present
apportionment
satisfies
equal
protection
clause
record
found
produced
distribution
legislators
substantially
different
resulted
use
permissible
population
basis
district
noted
constitutional
convention
discussed
three
possible
measures
total
population
state
citizen
population
number
registered
voters
considering
state
house
representatives
apportioned
apportionment
organic
act
basis
citizen
population
proved
difficult
administer
statistics
readily
available
total
population
disfavored
census
tracts
determined
reported
necessarily
comport
traditional
local
boundaries
registered
voters
chosen
reasonable
approximation
citizen
total
population
readily
determinable
conveniently
broken
election
district
measure
total
population
somewhat
favored
islands
oahu
fair
say
convention
report
reflected
citizen
population
much
total
population
basis
registered
voters
standard
compared
hawaii
special
population
problems
might
well
led
conclude
state
citizen
population
rather
total
population
basis
comparison
district
referred
continuing
presence
hawaii
large
numbers
military
hawaii
become
military
bastion
entire
pacific
military
population
state
fluctuates
violently
asiatic
spots
trouble
arise
disappear
total
population
acceptable
criterion
upon
legislative
representation
based
hawaii
grossly
absurd
disastrous
results
flow
similarly
referred
distortion
census
figures
attributable
large
number
tourists
continually
flow
state
census
purposes
initially
least
counted
part
hawaii
census
population
omitted
tourists
military
tend
highly
concentrated
oahu
indeed
largely
confined
particular
regions
island
total
population
figures
may
thus
constitute
substantially
distorted
reflection
distribution
state
citizenry
finding
registered
voters
distribution
approximate
total
population
distribution
insufficient
establish
constitutional
deficiency
enough
appears
distribution
registered
voters
approximates
distribution
state
citizens
another
permissible
population
base
state
citizen
population
figures
hard
obtain
extrapolate
comparison
results
obtained
use
figures
results
obtained
using
registered
voter
figures
difficult
district
found
military
population
oahu
distribution
island
sufficient
explain
already
noted
differences
total
population
registered
voters
apportionments
among
hawaii
four
counties
among
oahu
representative
districts
district
noted
nothing
state
constitution
hawaii
statutes
per
se
excludes
members
armed
forces
establishing
residence
hawaii
thereafter
becoming
eligible
vote
finds
scheme
hawaii
constitution
statutes
implementing
exercise
franchise
aimed
disenfranchising
military
group
citizens
issue
raised
proceedings
military
men
excluded
improperly
apportionment
base
moreover
district
stressed
hawaii
constitution
laws
actively
encourage
voter
registration
high
proportion
possible
voting
population
registered
strong
drives
bring
vote
resulted
vote
registered
voters
elections
omitted
circumstances
find
demonstrated
error
district
conclusion
apportionment
achieved
use
registered
voters
basis
substantially
approximated
appeared
state
citizen
population
guide
understood
deciding
validity
registered
voters
basis
measure
established
time
circumstances
hawaii
elsewhere
district
careful
disclaim
holding
perfect
basis
agree
may
well
reapportionment
frequently
every
years
perhaps
every
four
eight
years
better
avoid
hazards
use
use
presidential
election
year
figures
might
assure
high
level
participation
reduce
likelihood
varying
degrees
local
interest
outcome
election
produce
different
patterns
political
activity
state
measures
system
permanent
personal
registration
might
also
contribute
stability
accuracy
registered
voters
figure
apportionment
basis
future
litigation
may
reveal
infirmities
temporary
permanent
established
present
record
hold
view
interim
use
hawaii
registered
voter
basis
record
fall
short
constitutional
standards
iv
conclusion
interim
apportionment
apply
election
requires
provisions
order
february
mandating
immediate
special
election
question
calling
constitutional
convention
remain
inoperative
imminence
elections
precludes
action
pending
event
question
remains
role
district
bringing
permanent
reapportionment
promptly
reasonably
may
election
believe
retain
jurisdiction
case
take
proceedings
may
appropriate
event
permanent
reapportionment
made
effective
note
electorate
vote
election
question
whether
constitutional
convention
convened
see
reason
however
newly
elected
legislature
either
compelled
propose
amendments
precluded
proposing
legislature
doubtless
find
reason
enough
act
fact
district
retain
jurisdiction
cause
take
action
may
appropriate
pending
adoption
permanent
reapportionment
complies
constitutional
standards
action
may
include
inquiry
constitutionality
present
plan
operation
consideration
substitute
interim
plans
apportioning
house
senate
might
submitted
legislature
event
failure
proposals
constitutional
amendment
judicial
apportionment
present
plan
shown
constitutionally
deficient
acceptable
substitute
forthcoming
district
accordingly
directed
remand
enter
appropriate
order
adopting
existing
house
apportionment
interim
legislative
apportionment
hawaii
retaining
jurisdiction
cause
purposes
judgment
shall
issue
forthwith
vacated
remanded
footnotes
kalawao
hansen
disease
treatment
area
considered
fifth
county
purposes
however
residents
considered
part
maui
county
political
purposes
vote
county
state
legislators
therefore
treat
four
major
counties
basic
areas
opinion
state
population
divided
among
four
counties
follows
city
county
honolulu
hawaii
county
maui
county
kauai
county
population
small
outlying
islands
oahu
comprise
city
county
honolulu
negligible
therefore
refer
county
hereafter
oahu
district
found
proviso
specifically
inserted
order
freeze
representation
senate
gave
rural
counties
amounted
right
veto
attempt
change
representative
makeup
senate
supp
hawaii
uses
method
equal
proportions
distribute
legislators
first
among
four
counties
among
districts
within
county
method
used
apportioning
members
house
representatives
congress
complex
mathematically
determines
priority
order
legislators
assigned
among
various
competing
districts
system
discussed
schmeckebier
method
equal
proportions
law
contemp
prob
use
method
necessarily
result
constitutional
apportionment
distribution
legislators
rather
method
distributing
legislators
must
satisfy
demands
equal
protection
clause
claim
made
however
effect
applying
method
hawaii
case
deny
person
equal
protection
laws
creating
representative
districts
substantially
unequal
size
doubted
whether
legislature
authority
state
law
adopt
interim
apportionment
plan
view
decision
guntert
richardson
supra
hawaii
constitution
authorizes
legislature
propose
constitutional
amendments
electorate
either
upon
passage
vote
houses
legislature
upon
passage
majority
vote
houses
two
successive
legislative
sessions
hawaii
constitution
also
authorizes
legislature
submit
people
question
calling
constitutional
convention
either
general
election
special
election
called
purpose
hawaii
art
xv
paragraph
order
provided
interfere
convening
conducting
business
third
state
legislature
regular
session
save
except
parties
herein
hereby
enjoined
taking
final
action
upon
legislation
except
actions
necessary
organize
respective
houses
session
appropriate
funds
session
legislation
pursuant
provision
article
xv
said
constitution
providing
submission
people
hawaii
special
election
held
later
august
question
shall
convention
propose
revision
amendments
constitution
acts
required
law
implement
legislation
enacted
law
legislation
shall
also
provide
vote
constitutional
affirmative
special
election
shall
held
later
september
elect
delegates
convention
manner
provided
constitution
legislation
may
include
legislative
action
article
xv
section
paragraph
constitution
legislation
shall
provide
convention
convene
later
october
conclude
deliberation
time
submit
proposed
constitutional
amendments
electorate
hawaii
special
election
held
later
january
including
limiting
convention
thereto
provisions
therein
reapportioning
senate
hawaii
constitutionally
valid
basis
legislation
shall
also
appropriate
make
available
funds
expenses
elections
convention
hawaii
sess
laws
act
provides
submission
electorate
general
election
question
whether
constitutional
convention
called
hawaii
sess
laws
proposing
constitutional
amendment
form
interim
plan
passed
majority
vote
senate
hence
must
acted
submitted
people
adoption
rejection
see
supra
view
constraints
placed
legislature
adopting
proposal
think
district
remand
make
attempt
require
action
measure
see
part
infra
method
equal
proportions
used
apportioning
senate
well
house
see
supra
may
justice
douglas
stayed
action
pending
determination
appeals
understood
agreeing
district
insofar
may
rested
decision
view
use
method
equal
proportions
saved
plan
constitutional
challenge
based
reynolds
sims
see
supra
notices
timely
filed
february
opinion
formally
entered
april
second
decision
dated
entered
april
notices
appeal
filed
may
whether
judged
date
entry
hark
fed
rule
civ
proc
fact
order
incorporated
decision
february
finally
made
effective
decision
april
crescent
amusement
appeals
decision
announced
february
timely
overlooked
fact
limitations
suggested
legislators
nevertheless
consistently
maryland
committee
tawes
district
indicated
legislators
possessed
broad
scope
inquiry
said
opinion
february
open
constitutional
convention
suggested
might
appropriately
considered
convention
whether
hawaii
continue
use
registered
voters
apportionment
basis
change
state
citizen
population
eligible
vote
voter
population
citizen
population
total
population
whether
better
one
houses
legislature
composed
single
member
representative
districts
justify
one
houses
composed
whole
part
floterial
districts
whether
decennial
reapportionment
either
houses
made
june
year
preceding
federal
census
case
date
soon
taking
census
whether
representative
district
lines
remain
substantially
whether
ultimately
redistricting
manner
census
tracts
representative
districts
coordinated
statistical
purposes
necessary
implement
changes
made
basis
reapportionment
reapportioning
redistricting
senate
houses
overlooked
fact
valid
makeup
senate
must
positively
complement
makeup
house
provide
vital
equality
voter
representation
houses
legislature
seemingly
forgot
schemes
districting
house
conjoined
must
offer
compensating
advantages
voters
voters
within
representative
district
senate
house
voters
throughout
state
perforce
must
overlap
representation
several
senate
house
districts
overlap
must
concentrate
intensify
voting
power
single
district
point
voters
therein
disproportionate
representational
advantage
voters
state
appellant
burns
concedes
brief
case
hawaii
house
multimember
districts
extensive
proofs
put
details
submergence
minorities
may
example
merit
argument
encouraging
block
voting
districts
diminish
opportunity
minority
party
win
seats
effects
must
demonstrated
evidence
stated
opinion
legislature
proffered
justifications
districts
tend
cause
senators
therefrom
concerned
localized
issues
ignore
broader
issues
facing
state
therefore
might
fragment
approach
problems
programs
detriment
state
historically
members
house
represented
smaller
constituencies
members
senate
tradition
experience
proved
balance
desirable
districts
increase
significance
individual
vote
focusing
attention
broad
spectrum
major
community
problems
opposed
limited
local
concern
set
districts
compound
technical
intricate
problem
drawing
boundaries
population
shifts
drastically
affect
boundaries
many
smaller
districts
greater
degree
found
larger
districts
citing
oahu
population
boom
subdivision
development
reject
suggestion
districts
arbitrarily
invidiously
defined
fact
district
boundaries
may
drawn
way
minimizes
number
contests
present
incumbents
establish
invidiousness
find
support
suggestion
present
wide
variances
size
among
oahu
representative
districts
distribution
governed
population
shifts
occurred
since
district
boundaries
first
defined
initial
apportionment
six
representative
districts
comprising
fifth
senatorial
district
contained
two
three
representatives
two
geographically
large
relatively
rural
districts
three
urban
districts
four
representative
districts
comprising
fourth
senatorial
district
contained
three
six
representatives
districts
comprised
heart
residential
honolulu
understandably
compact
whether
one
surmises
drafters
leaving
room
expansion
less
populous
districts
drawing
district
lines
function
size
well
population
irrationality
appears
distribution
relevant
note
hawaii
legislature
dominated
districts
houses
statehood
feature
thus
originate
senate
plan
consideration
figure
calculated
using
figures
apportionment
oahu
assigned
representatives
basis
registration
figures
thus
ninth
tenth
districts
contained
oahu
population
registered
voters
fifteenth
sixteenth
districts
island
population
contained
island
registered
voters
wmca
lomenzo
maryland
committee
tawes
thus
spoke
right
citizen
equal
representation
vote
weighted
equally
citizens
reynolds
sims
also
said
practical
impossibility
arrange
legislative
districts
one
identical
number
residents
citizens
voters
overriding
objective
must
substantial
equality
population
among
various
districts
vote
citizen
approximately
equal
weight
citizen
state
davis
mann
rejected
argument
underrepresentation
three
political
subdivisions
virginia
constitutionally
justifiable
since
allegedly
resulted
part
fact
areas
contain
large
numbers
military
personnel
discrimination
class
individuals
merely
nature
employment
without
shown
constitutionally
impermissible
see
also
carrington
rash
exclusion
meeting
state
residence
requirements
however
different
principles
apply
difference
exclusion
military
personnel
exclusion
meeting
state
residence
requirements
difference
arbitrary
constitutionally
permissible
classification
buckley
hoff
supp
ellis
disapproved
registered
voters
basis
apportioning
governing
council
baltimore
maryland
appeals
held
basis
permissible
yielded
results
substantially
approximating
obtained
use
total
population
base
example
one
point
world
war
ii
military
population
oahu
constituted
population
territory
total
population
used
situation
permanent
residents
living
districts
including
military
bases
might
substantially
greater
voting
power
electors
districts
including
bases
indeed
view
possibility
appellant
burns
concedes
nontransient
figure
well
total
population
might
used
apportionment
purposes
appellant
burns
urges
apportionment
base
house
registered
voter
figures
general
election
infected
exclusion
hawaii
territory
registration
governed
ed
provided
person
shall
allowed
vote
territory
reason
army
navy
reason
attached
troops
service
restriction
imposed
state
violate
equal
protection
clause
carrington
rash
statute
longer
applies
effect
persists
house
apportionment
number
registered
voters
districts
oahu
major
military
bases
located
increased
twice
much
registration
oahu
districts
three
times
much
state
population
since
reapportionment
house
registered
voters
basis
work
substantial
realignment
state
representative
districts
shown
principally
military
men
vote
denied
rather
simple
population
shifts
immediate
interim
adjustment
house
apportionment
might
merited
time
permit
necessary
hearings
elections
requiring
hearings
certainly
within
authority
continuing
jurisdiction
thereafter
district
found
figure
even
asserted
error
statistics
corrected
figure
exceeds
note
supra
attempt
made
show
registration
percentages
among
residents
oahu
substantially
lower
among
resident
groups
unclear
extent
statistics
reflect
military
pay
scales
thus
may
unfair
representation
state
citizen
registration
patterns
moreover
substantial
effect
submerging
political
voice
group
appears
course
issue
may
hearings
held
exercise
continuing
jurisdiction
justice
harlan
concurring
result
judicial
responsibility
requires
see
things
bow
authority
reynolds
sims
despite
original
continuing
belief
decision
constitutionally
wrong
see
dissenting
opinion
et
seq
feel
compelled
concur
disposition
case
even
reynolds
however
agree
rationale
elaborated
part
iii
opinion
hawaii
registered
voter
base
sustained
read
today
opinion
registered
voter
figures
acceptable
basis
apportionment
long
substantially
approximate
results
reached
type
scheme
apportionment
many
difficult
questions
judgment
relating
policy
administrative
convenience
must
resolved
state
determining
statistics
use
establishing
apportionment
plan
read
reynolds
precluding
state
apportioning
legislature
rational
basis
consistent
reynolds
philosophy
people
interests
must
basis
state
legislative
apportionment
think
apportionment
basis
registered
voters
rational
system
type
therefore
permissible
reynolds
regardless
whether
particular
case
approximates
kind
population
apportionment
justice
stewart
concurring
judgment
time
reynolds
sims
decided
expressed
belief
equal
protection
clause
demands
two
basic
attributes
plan
state
legislative
apportionment
first
demands
light
state
characteristics
needs
plan
must
rational
one
secondly
demands
plan
must
permit
systematic
frustration
majority
electorate
state
lucas
colorado
general
assembly
pp
dissenting
opinion
time
changed
views
still
believe
misconceived
requirements
equal
protection
clause
reynolds
sims
companion
cases
long
cases
remain
law
must
bow
even
decisions
surely
room
least
much
flexibility
today
accords
hawaii
accordingly
concur
judgment