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However, it ruled that the 1970 Congressional elections should be conducted under the current apportionment plan.
CHICAGO, Jan .3 The 1965 apportionment plan for Con gressional districts in Illinois was declared unconstitutional this week.
If the apportionment plan is not precleared, it is not effective as law, and cannot be implemented.
Judge Oberdorfer said he would order the Secretary of Commerce to include Washington residents in the apportionment plan, but he did not say how it should be done.
I agree with the Court that when a court strikes down a States apportionment plan, §2c mandates that a court draw single-member districts whenever possible. Ibid.
See ante, at 5. And it appears that at least with the State of New Mexico, the congressional apportionment plan did not change after the 1970 census.
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Baker v. Carr 1962 Held that state legislative apportionment was justiciable in federal courts and effectively established the principle of "one person, one vote" for assessing the constitutionality of state apportionment plans.
The bills, sponsored by Democrat David Valesky in the State Senate and Michael Gianaris in the State Assembly, proposes an "apportionment commission to create apportionment plans for congressional and state legislative districts" based on the Census.
Were we to refuse the Secretary the power to charge States for diversions from the mainstream between Lee Ferry and the damsite, we would allow individual States, by making diversions that deplete the Lower Basin's allocation, to upset the whole plan of apportionment arrived at by Congress to settle the long-standing dispute in the Lower Basin.
The existing plan of apportionment of Senate and Assembly seats is provided for in McKinney's N.Y.Laws, 1952 Supp.19633), State Law, §§ 120124, enacted by the New York Legislature in 1953.
Suggesting that Senate and House districts should be, as nearly as practicable, equal in population, the Bureau submitted two alternative plans for the apportionment of the House and three alternative plans for the apportionment of Senate seats.
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