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"Under sales-based apportionment, it is conceivable that a medium-size corporation could file its report on a single sheet of paper attached to its annual Form 10-K filed with the SEC without needing the help of a tax attorney".
For instance, §2a c)(1) specifies that [i]f there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State. While it is true today that no district could in all probability remain exactly the same after an apportionment, it was not true in 1967.
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CMB gives the most objective source apportionment and it needs only one sample; however, it assumes knowledge of the number of sources and their emission pattern.
Whatever the apportionment formula, it should be etched into state law long before any plants are voted on.
Section 2 also reduces a state's apportionment if it wrongfully denies any adult male's right to vote.
But as Justice Elena Kagan asked during oral arguments, the question is why the "Constitution requires something with respect to one apportionment that it prohibits with respect to another".
"Politics and political considerations are inseparable from districting and apportionment, and it is well known that state legislative majorities very often attempt to gain an electoral advantage through that process," Alito wrote.
The danger of multiple recoveries does not exist aside from the apportionment difficulty; rather, it stems from it.
A constitutional convention in 1867, which adopted the existing Maryland Constitution, confirmed the increased representation accorded the City of Baltimore, but otherwise based the legislative apportionment provisions which it adopted on the 1837 scheme.
Even then Congress did not attempt to legislate an apportionment of Lower Basin water; it simply prescribed a ceiling for California.
Moreover, the oldest settled seaboard communities saw to it that apportionment of seats favoured them as against the newer frontier settlements.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com