General Discussion
In reply to the discussion: Do we need a constitutional amendment to end gerrymandering? [View all]starroute
(12,977 posts)Gerrymandering is a different situation on one level, because you could argue that it doesn't technically violate the 14th Amendment requirement for equal protection of the law. But if someone comes up with a plausible case for why it does, the issue could be resolved through the courts.
http://en.wikipedia.org/wiki/One_man,_one_vote#Warren_Court_decisions
In various reapportionment cases decided by the Supreme Court in the 1960s, notably Wesberry v. Sanders, Reynolds v. Sims, and Baker v. Carr, the court ruled that districts for the United States House of Representatives and for the legislative districts of both houses of state legislatures had to contain roughly equal populations. The U.S. Senate was not affected by these rulings, as its makeup was explicitly established in the U.S. Constitution. The cases concerning malapportionment ended the pattern of area-based representation in the U.S. House and state legislatures.
http://en.wikipedia.org/wiki/Baker_v._Carr
Baker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case that retreated from the Court's political question doctrine, deciding that redistricting (attempts to change the way voting districts are delineated) issues present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases. The defendants unsuccessfully argued that reapportionment of legislative districts is a "political question", and hence not a question that may be resolved by federal courts.
http://en.wikipedia.org/wiki/Reynolds_v._Sims
Voters from Jefferson County, Alabama, home to the state's largest city of Birmingham, had challenged the apportionment of the Alabama Legislature. The Alabama Constitution provided that there be at least one representative per county and as many senatorial districts as there were senators. Ratio variances as great as 14 to 1 from one senatorial district to another existed in the Alabama Senate (i.e., the number of eligible voters voting for one senator was in one case 14 times the number of voters in another).
Having already overturned its ruling that redistricting was a purely political question in Baker v. Carr, 369 U.S. 186 (1962), the Court went further in order to correct what seemed to it to be egregious examples of malapportionment which were serious enough to undermine the premises underlying republican government. Before Reynolds, urban counties were often drastically underrepresented.