Measuring Malapportionment

In addition to the legal and political implications of the case, the United States Supreme Court's decision in Baker v. Carr brought sharply into public focus the technical problem of how to measure legislative malapportionment. The case itself exemplifies these various dimensions of the issue, for the majority opinion of Mr. Justice Clark and the dissenting opinion of Mr. Justice Harlan disagree not only regarding the law and the public policy of judicial intervention; they are also in manifest disagreement concerning “the facts†of malapportionment in Tennessee as of the time of the decision in March 1962. Our survey of the scholarly literature on the subject of apportionment, during the past decade, convinces us that the contributions of political scientists (and other commentators on the question) have made less than satisfactory progress thus far in the direction of devising an adequate metric to assist in the evaluation of what all concede is today a major problem in the theory and practice of democratic politics. In the absence of a reliable and valid method for measuring differences in apportionment along a common dimension, it is difficult to see how rational consideration of the normative aspects of the issue may be possible.