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1
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Federal court decision cut it down to two or three per
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2
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cent variance and if these rules — they are tight. I
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3
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don't see how you can follow county lines and draw
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4
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legislative district lines.
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5
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THE CHAIRMAN: If you had your own way on (d) ,
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6
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what variation from the average, Senator, would you allow
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7
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on the size — I realize Congress is fooling with this --
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8
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on the size of representative constituencies?
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9
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SENATOR JAMES: If I had my way, I wouldn't
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10
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be too tight with it, but frankly, it's getting so, I
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11
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don't think there is as much as five per cent is going
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12
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to be valid, the way the decisions are going.
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13
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THE CHAIRMAN: Would you write it into the
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14
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Constitution?
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15
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SENATOR JAMES: I'd be a little doubtful about
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that, but maybe it would serve a purpose, If you put in
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17
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five per cent, the Supreme Court might say it's un-
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18
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constitutional under the Federal Constitution, because
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19
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you are mathematically providing for an inequality of
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20
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vote. So, it might be a little bit dangerous.
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21
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THE CHAIRMAN: Mr. Handel?
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