Reapportionment, Legislative apportionment, Federalism, Supreme Court
Constitutional Law | Courts | Jurisprudence | Law and Politics
The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered the arena.
Roberts, E. F. and Shultz, Paul T. III, "The Reapportionment Cases: Cognitive Lag, the Malady and its Cure" (1966). Cornell Law Faculty Publications. Paper 1256.
Published in: Cornell Law Review, vol. 27, no. 3 (March 1966).