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by dragonwriter 428 days ago
> California could make this change by referendum.

No, it could not, because Article I, Section 3 (emphasis added): "The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators." (the last part of that about choosing Senators has its effect eliminated by the 17th Amendment, but that isn't important here.)

And Congress has exercised its authority in U.S. Code Title 2, Section 2c (emphasis added): "In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2a(a) of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress)."