The purpose of this paper is to examine partisan gerrymandering and malapportionment, two political phenomena that have impacted the representational structure within the United States significantly. This work provides a history of the two issues across U.S. history within a framework examining original intent with regards to American electoral law, and representational values. This paper simultaneously utilizes both a macro and micro approach to engage with the history behind the text of American representational values and of partisan gerrymandering and malapportionment. It demonstrates how original intent with American electoral law and representational values has consistently been disregarded and exploited across U.S. history and then argues that the federal government has a compelling interest to implement affirmative action for the American voter under the authority of the First Amendment to ensure its legitimacy as a representative democracy within a republican framework.