MY USA TODAY COLUMN: A ‘living Constitution’ on the right? What would it look like if right-leaning judges ruled like lefties?

Well, I’m neither a conservative (I’m a libertarian) or a living constitutionalist, but I can imagine a few places. . . .

Likewise for the Warren Court’s “one man, one vote” rule for state legislative apportionment, in which states — unlike the federal government under the U.S. Constitution — were no longer allowed to have a house of their legislature apportioned by geography rather than population. The result has been that states like California or Illinois, which is red almost everywhere but in the Chicago metropolitan area, are totally dominated by the large populations of urban centers. Those states are also governed badly and suffer from considerable degrees of corruption and enormous debt. Perhaps experience turns out to show that the “one man one vote” approach was wrong, and that there was wisdom after all in the Framers’ approach of not apportioning everything according to population. A “living Constitution” changes with the times!

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