Professor Chris Chambers Goodman, "Constitutional Revolution: A Path Towards Equitable Representation" -- Maryland Law Review
Professor Christine Chambers Goodman's article, "Constitutional Revolution: A Path Towards Equitable Representation," (SSRN) is published in the Maryland Law Review, Vol. 81, No. 1, 2021. The article analyzes current inequities in the allocation of congressional representatives and provides strategies for modifying representation in the House and Senate.
Abstract of "Constitutional Revolution: A Path Towards Equitable Representation"
This Essay conceptualizes “constitutional revolution” from an equity perspective, asking the question: What changes would and should be made if equity was at the center of constitutional reform? In order to fulfill the promises of the Preamble to the U.S. Constitution, we must make urgent modifications in the current system of congressional representation to more effectively guarantee equitable representation. Otherwise, we must convene a Constitutional Convention for 2037. The year 2037 is the 250th anniversary of the Constitution, which allows sixteen years to plan, study, evaluate, and implement reforms. Putting equity at the center of our analysis, the current method of allocating congressional representatives is notably inequitable. Justice as fairness requires initial equality and fair representation. While the Framers thought they were making the best compromise by bringing formerly sovereign entities into one body politic, the present state of representation evolving from that compromise is wholly undemocratic. The small (in number of constituents) minority exercises an ever-increasing share of congressional votes, and there is no principled reason based on liberty nor equality to provide a benefit of this magnitude. Thus, it is (past) time for a reallocation of methods of congressional representation. Part I frames this constitutional revolution. Part II analyzes current inequities. Parts III and IV provide strategies for modifying congressional representation allocations in the House and Senate.