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Upside-Down Majority in the House of Representatives

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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5 Responses

  1. Joe says:

    It is in theory possible to address this somewhat by increasing the size of the House to compensate for the requirement that each state has at least one member. But, unless the Equal Protection Clause etc. is deemed to have altered the requirement somehow, the one member rule unbalance would be in place somehow.

    Thinking about delegations having fractions is interesting.

  2. A.J. Sutter says:

    “Likewise, the fact that each state must have a round number of members is artificial.”: Au contraire, I think this is rather natural, outside of science fiction (and here in Japan). Whether every member should have an integral number of votes is maybe a different story.

  3. Brett Bellmore says:

    If you’re going to go with fractional votes to permit representation to correspond more closely to population, you may as well just go ahead with my favorite proposal: Weighted vote proportional representation. (In a nutshell, everybody who runs gets seated, they just have votes weighted according to how many votes they received in the election.)

  4. Joe says:

    Brett’s idea to me is impracticable but regardless the space between fractional votes and it seems fairly sizable.

  5. Fraud Guy says:

    Why not weight representation by population? Lowest population state get one representative, and every multiple thereof (round off) adds one representative.