|Joseph Fishkin [View as PDF]|
121 Yale L.J. 1888 (2012).
Does “one person, one vote” protect persons, or voters? The Court has never
resolved this question. Current practice overwhelmingly favors equal representation for equal
numbers of persons. Opponents charge, however, that this approach dilutes the “weight” of
some individual voters’ votes. This Essay examines what that might mean, and concludes that
there is no coherent individual interest in the “weight” of a vote. It argues that the one person,
one vote doctrine is really about something else: protecting the political power of numerical
groups. In light of this conclusion, the last section of this Essay explores whether the numerical
groups this doctrine protects ought to include all persons living in a jurisdiction, or only the
citizens of voting age.