The possibility that state legislatures which the framers knew to be partisan institutions would engage in too much partisanship. They chose to Structural Solutions by giving authority. Once we decided the one person, one vote concept, we were pretty much saying certain acts by the legislature are unconstitutional, including race discrimination and others. It cant be that simply because the constitution says that a particular act is in the hands of one branch of government that that deprives the courts of reviewing whether that action is constitutional or not. I suppose the question whether that ship has sailed is one way of presenting the question in front of the court today. I would submit you dont have a onesizefitsall solution for disability and i dont think this fits that. I took the central lesson to be the same claim, essentially, presented as an equal protection claim when presented. Does one person have one vote that counts equally . I take it to be the message of those cases.
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