Is it constitutional to count voters instead of population when drawing up congressional districts? I thought the constitution wanted it by population. So in theory you could have a congressional district with 0 eligible voters. I side with the constitution over common sense.
The Constitution as written doesn’t enter into it much. This seems to be about one-man-one-vote, which isn’t in the Constitution but is an invention of the Supreme Court in the 1960s.
That said, the original two-thirds rule for slaves might be used by both sides of this argument.
If people aren’t registered to vote, what percent of them would be assumed to eligible until they did register?