King stated that the power of Congress under 4 was necessary to "control in this case"; otherwise, he said, The representatives . 22) 206 F.Supp. Representatives were elected at large in Alabama (8), Alaska (1), Delaware (1), Hawaii (2), Nevada (1), New Mexico (2), Vermont (1), and Wyoming (1). Time & \text{Nonconformities per Unit} & Time & \text{Nonconformities per Unit} \\ 2648, 82d Cong., 1st Sess. Baker v. Carr (1962) was a landmark case concerning re-apportionment and redistricting. The rejected thinking of those who supported the proposal to limit western representation is suggested by the statement of Gouverneur Morris of Pennsylvania that "The Busy haunts of men not the remote wilderness was the proper School of political Talents." (For a book-length discussion, see here.). The fact is, however, that Georgia's 10 Representatives are elected "by the People" of Georgia, just as Representatives from other States are elected "by the People of the several States." 47. Perhaps it then will be objected that, from the supposed opposition of interests in the federal legislature, they may never agree upon any regulations; but regulations necessary for the interests of the people can never be opposed to the interests of either of the branches of the federal legislature, because that the interests of the people require that the mutual powers of that legislature should be preserved unimpaired in order to balance the government. This provision reinforces the evident constitutional scheme of leaving to the Congress the protection of federal interests involved in the selection of members of the Congress. [n39]. It was found necessary to leave the regulation of these, in the first place, to the state governments, as being best acquainted with the situation of the people, subject to the control of the general government, in order to enable it to produce uniformity and prevent its own dissolution. Equally significant is the fact that the proposed resolution expressly empowering the States to establish congressional districts contains no mention of a requirement that the districts be equal in population. Unfortunately I can join neither the opinion of the Court nor the dissent of my Brother HARLAN. no one district electing more than one Representative. [n36] Section 2 was not mentioned. . Writing legislation is difficult, and members will let other members do it. In deciding whether this law is constitutional, which of the following issues are the courts likely to consider most important? Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. d. Reporters were given less access to cover combat. Act of June 25, 1842, 2, 5 Stat. . Ante, p. 15. The claim for judicial relief in this case strikes at one of the fundamental doctrines of our system of government, the separation of powers. Though the Articles established a central government for the United States, as the former colonies were even then called, the States retained most of their sovereignty, like independent nations bound together only by treaties. I, 2. The Court does have the power to decide this case, in contrast to Justice Harlans dissent. ." But, as one might expect when the Constitution itself is free from ambiguity, the surrounding history makes what is already clear even clearer. 1836) (hereafter Elliot's Debates), 11. . I, 2, lays down the ipse dixit "one person, one vote" in congressional elections. 333,290299,15634,134, Ohio(24). Justice Brennan drew a line between "political questions" and "justiciable questions" by defining the former. 41.See, e.g., 2 The Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d Elliot ed. Between 1901 and 1960, the population of Tennessee grew significantly. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. Yet, each Georgia district was represented by one congressperson in the House of Representatives. . Congress exercised its power to regulate elections for the House of Representatives for the first time in 1842, when it provided that Representatives from States "entitled to more than one Representative" should be elected by districts of contiguous territory, "no one district electing more than one Representative." Appellants are qualified voters in Georgia's Fifth Congressional District, the Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. . There is a further basis for demonstrating the hollowness of the Court's assertion that Article I requires "one man's vote in a congressional election . . at 532 (Elbridge Gerry of Massachusetts). WebKey points. redistricting, violates the 1983 and 1988 and 28 U.S.C. 13. Supra, p. 22. . . . . [n52] Bills which would have imposed on the States a requirement of equally or nearly equally populated districts were regularly introduced in the House. Now, he has a new philosophy on life. Even that is not strictly true unless the word "solely" is deleted. 5099, 76th Cong., 1st Sess. Is the number of voters or the number of inhabitants controlling? In this point of view, the southern States might retort the complaint by insisting, that the principle laid down by the Convention required that no regard should be had to the policy of particular States towards their own inhabitants, and consequently that the slaves as inhabitants should have been admitted into he census according to their full number, in like manner with other inhabitants, who, by the policy of other States, are not admitted to all the rights of citizens. at 437-438, 439-441, 444-445, 453-455 (Luther Martin of Maryland); id. . (For more detail, see here). . at 202 (Oliver Wolcott, Connecticut); 4 id. WebWesberry v. Sanders (1964) Case Summary. Although there is little discussion of the reasons for omitting the requirement of equally populated districts, the fact that such a provision was included in the bill as it was presented to the House, [n49] and was deleted by the House after debate and notice of intention to do so, [n50][p44] leaves no doubt that the omission was deliberate. The stability of this institution ultimately depends not only upon its being alert to keep the other branches of government within constitutional bounds, but equally upon recognition of the limitations on the Court's own functions in the constitutional system. at 489-490 (Rufus King of Massachusetts); id. The Court purports to find support for its position in the third paragraph of Art. Retrieved from https://www.thoughtco.com/baker-v-carr-4774789. 1. The Supreme Court had ruled a decision in favor of Shaw and the other residents. Ibid. 478,962376,336102,626, Michigan(19). Which of the following was NOT a provision of the Fourteenth and Fifteenth Amendments? Opinions to start the day, in your inbox. c. Reporters were given greater access to the enemy. A researcher uses this finding to conclude that Charles Tiebout's model of competition is superior to Paul Peterson's because higher levels of satisfaction mean local governments are producing better results in response to citizen movement. 4368 (remarks of Mr. Rankin), 4369 (remarks of Mr. McLeod), 4371 (remarks of Mr. McLeod); 87 Cong.Rec. Id. It will therefore form nearly two districts for the choice of Federal Representatives. The case was heard by a three-judge District Court, which found unanimously, from facts not disputed, that: It is clear by any standard . 34. In the last congressional election, in 1962, Representatives from 42 States were elected from congressional districts. [n45][p17]. Readers surely could have fairly taken this to mean, "one person, one vote." The other side of the compromise was that, as provided in Art. 5. I therefore cannot agree with Brother HARLAN that the supervisory power granted to Congress under Art. Subsequently, after giving express attention to the problem, Congress eliminated that requirement, with the intention of permitting the States to find their own solutions. 1496. equal protection clause of the Fourteenth Amendment forbids . Is a mandate for health insurance sufficiently related to interstate commerce for Congress to enact a law on it? Tennessee claimed that redistricting was a political question and could not be decided by the courts under the Constitution. I, 2 that Representatives be chosen "by the People of the several States" [n9] means that, as [p8] nearly as is practicable, one man's vote in a congressional election is to be worth as much as another's. [n23], Mr. PARSONS contended for vesting in Congress the powers contained in the 4th section [of Art. He states: There can be no shadow of question that populations were accepted as a measure of material interests -- landed, agricultural, industrial, commercial, in short, property. Baker, like many other residents in urban areas of Tennessee, found himself in a situation where his vote counted for less due to a lack of representation, his attorneys argued. 17 Law & Contemp.Prob. Webviews 1,544,492 updated. . . . Does the number of districts within the State have any relevance? However, Art. . . 1128, H.R. [n32] Responding [p39] to the suggestion that the Congress would favor the seacoast, he asserted that the courts would not uphold, nor the people obey, "laws inconsistent with the Constitution." But if they be regulated properly by the state legislatures, the congressional control will very probably never be exercised. The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. WebREYNOLDS v. SIMS ABROAD: A BRITON COMPARES APPORTIONMENT CRITERIA VIVIAN VALE University of Southampton HE CASE of Baker v. Carr, and its progeny Wesberry v. Sanders to Rey-nolds v. Sims and beyond, seemed to have provided American political scientists and legal commentators with native pasture rich enough for many years' grazing. It established the right of federal courts to review redistricting issues, . at 583. So far as Article I is concerned, it is within the State's power to confer that right only on persons of wealth or of a particular sex or, if the State chose, living in specified areas of the State. . I, 4, which empowered the "Legislature" of a State to prescribe the regulations for congressional elections meant that a State could not by law provide for a Governor's veto over such regulations as had been prescribed by the legislature. Indeed, if the Congress could never agree on any regulations, then certainly no objection to the 4th section can remain; for the regulations introduced by the state legislatures will be the governing rule of elections, until Congress can agree upon alterations. Representatives were to be apportioned among the States on the basis of free population plus three-fifths of the slave population. [n13], The question of how the legislature should be constituted precipitated the most bitter controversy of the Convention. 3, 1928, 69 Cong.Rec. There was not the slightest intimation in that case that Congress' power to prescribe regulations for elections was subject to judicial scrutiny, ante, p. 18, such that this Court could itself prescribe regulations for congressional elections in disregard, and even in contradiction, of congressional purpose. 49. of representatives . The difference between challenges brought under the Equal Protection Clause and the Guaranty Clause is not enough to decide against existing precedent. WebAs in Baker v. Carr, 369 U.S. 186 , which involved alleged malapportionment of seats in a state legislature, the District Court had jurisdiction of the subject matter; appellants had Since I believe that the Constitution expressly provides that state legislatures and the Congress shall have exclusive jurisdiction over problems of congressional apportionment of the kind involved in this case, there is no occasion for me to consider whether, in the absence of such provision, other provisions of the Constitution, relied on by the appellants, would confer on them the rights which they assert. He said "It is agreed on all sides that numbers are the best scale of wealth and taxation, as they are the only proper scale of representation." Further, it goes beyond the province of the Court to decide this case. I, 4, as placing "into the hands of the state legislatures" the power to regulate elections, but retaining for Congress "self-preserving power" to make regulations lest "the general government . The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Baker petition to the United States Supreme Court. Legislature, as it was presumable that the Counties having the power in the former case would secure it to themselves in the latter. 536,029263,850272,179, Maine(2). I], not only as those powers were necessary for preserving the union, but also for securing to the people their equal rights of election. .". The complaint there charged that the State's constitutional command to apportion on the basis of the number of qualified voters had not been followed in the 1901 statute, and that the districts were so discriminatorily disparate in number of qualified voters that the plaintiffs and persons similarly situated were, "by virtue of the debasement of their votes," denied the equal protection of the laws guaranteed them by the Fourteenth Amendment. Not only can this right to vote not be denied outright, it cannot, consistently with Article I, be destroyed by alteration of ballots, see United States v. Classic, 313 U.S. 299, or diluted by stuffing of the ballot box, see United States v. Saylor, 322 U.S. 385. . Thus, in the number of The Federalist which does discuss the regulation of elections, the view is unequivocally stated that the state legislatures have plenary power over the conduct of congressional elections subject only to such regulations as Congress itself might provide. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. The design of a legislative district which results in one vote counting more than another is the kind of invidious discrimination the Equal Protection Clause was developed to prevent. . . 2a to provide: (c) Each State entitled to more than one Representative in Congress under the apportionment provided in subsection (a) of this section, shall establish for each Representative a district composed of contiguous and compact territory, and the number of inhabitants contained within any district so established shall not vary more than 10 percentum from the number obtained by dividing the total population of such States, as established in the last decennial census, by the number of Representatives apportioned to such State under the provisions of subsection (a) of this section. Eighty-five percent responded that they were more satisfied with the services at their new locale. . Mr. Justice Rutledge, in Colgerove, believed that the Court should exercise its equitable discretion to refuse relief because. We therefore hold that the District Court erred in dismissing the complaint. Id. [n12] In entire disregard of population, Art. Of all the federal countries considered in our edited volume, Courts in Federal Countries: Federalists or Unitarists? 32-33, indicate that, under 4, the state legislatures, subject only to the ultimate control of Congress, could district as they chose. The High Court of Australia consists of seven justices. II, 1. The cases of McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) established what legal precedent? If, on remand, the trial court is of the opinion that there is likelihood of the General Assembly's reapportioning the State in an appropriate manner, I believe that coercive relief should be deferred until after the General Assembly has had such an opportunity. The dissenting and concurring opinions confuse which issues are presented in this case. . I, sec. Yet, despite similarities in judicial interpretation, important differences remain. WebBaker V Carr. 689,555318,942370,613, Florida(12). at 197-198 (Benjamin Franklin of Pennsylvania) id. * The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565. I, 4, is the exclusive remedy. While it may not be possible to draw congressional districts with mathematical precision, that is no excuse for ignoring our Constitution's plain objective of making equal representation for equal numbers of people the fundamental goal for the House of Representatives. This is not a case in which the Court vindicates the kind of individual rights that are assured by the Due Process Clause of the Fourteenth Amendment, whose "vague contours," Rochin v. California, 342 U.S. 165, 170, of course, leave much room for constitutional developments necessitated by changing conditions in a dynamic society. The truth is that it does not. . Section 4 states without qualification that the state legislatures shall prescribe regulations for the conduct of elections for Representatives and, equally without qualification, that Congress may make or [p30] alter such regulations. by reason of subsequent changes in population, the Congressional districts for the election of Representatives in the Congress created by the Illinois Laws of 1901 . Hacker, Congressional Districting (1963), 7-8. See infra, pp. "; (2) the Due Process, Equal Protection, and Privileges and Immunities Clauses of the Fourteenth Amendment, and (3) that part of Section 2 of the Fourteenth Amendment which provides that "Representatives shall be apportioned among the several States according to their respective numbers. The Court in Baker pointed out that the opinion of Mr. Justice Frankfurter in Colegrove, upon the reasoning of which the majority below leaned heavily in dismissing "for want of equity," was approved by only three of the seven Justices sitting. 129, 153). I, 2, of the Constitution gives no mandate to this Court or to any court to ordain that congressional districts within each State must be equal in population. . . 482,872375,475107,397, Mississippi(5). Baker v. Carr was a landmark U.S. Supreme Court casein the year 1962. Are there any special causes of variation ? . We hold that, construed in its historical context, the command of Art. 33.Id. . Id. The qualifications on which the right of suffrage depend are not perhaps the same in any two States. Instead of proceeding on the merits, the court dismissed the case for lack of equity. Stripped of rhetoric and a "historical context," ante, p. 7, which bears little resemblance to the evidence found in the pages of history, see infra, pp. The fact that the delegates were able to agree on a Senate composed entirely without regard to population and on the departures from a population-based House, mentioned in note 8, supra, indicates that they recognized the possibility that alternative principles, combined with political reality, might dictate conclusions inconsistent with an abstract principle of absolute numerical equality. 12. Which of the following systems of government concentrates the most power at the national level? constructing the interstate highway system. Definition and Examples, The Original Jurisdiction of the US Supreme Court, What Is Sovereign Immunity? . . If the Federal Constitution intends that, when qualified voters elect members of Congress, each vote be given as much weight as any other vote, then this statute cannot stand. All of the appellants do vote. The purpose was to adjust to changes in the states population. A question is "political" if: Following these six prongs, Justice Warren concluded that alleged voting inequalities could not be characterized as "political questions" simply because they asserted wrongdoing in the political process. WebWesberry sought to invalidate the apportionment statute and enjoin defendants, the Governor and Secretary of State, from conducting elections under it. . However, the Court has followed the reasoning of the dissenting justices in those (Cooke ed.1961) 369. . Like its American counterpart, Australias constitution is initially divided into distinct chapters dealing with the legislative, executive, and judicial branches. Why? [p45]. Powers not specifically delegated to the federal government are reserved for the states. The problem was described by Mr. Justice Frankfurter as. 57 (Cooke ed.1961), 389. The Constitution does not confer on the Court blanket authority to step into every situation where the political branch may be thought to have fallen short. Indeed, most of them interpreted democracy as mob rule, and assumed that equality of representation would permit the spokesmen for the common man to outvote the beleaguered deputies of the uncommon man. There were no separate judicial or executive branches: only a Congress consisting of a single house. The passage from which the Court quotes, ante, p. 18, concludes with the following, overlooked by the Court: They [the electors] are to be the same who exercise the right in every State of electing the correspondent branch of the Legislature of the State. [n15], Repeatedly, delegates rose to make the same point: that it would be unfair, unjust, and contrary to common sense to give a small number of people as many Senators or Representatives as were allowed to much larger groups [n16] -- in short, as James Wilson of Pennsylvania [p11] put it, "equal numbers of people ought to have an equal no. 28.See id. None of those cases has the slightest bearing on the present situation. Carr and Wesberry v. Sanders have been argued before Australias High Court. The decision allowed the Supreme Court and other federal district courts to enter the political realm, violating the intent of separation of powers, Justice Frankfurter wrote. [p3], Claiming that these population disparities deprived them and voters similarly situated of a right under the Federal Constitution to have their votes for Congressmen given the same weight as the votes of other Georgians, the appellants brought this action under 42 U.S.C. . . . The likely explanation for the omission is suggested by a remark on the floor of the House that, the States ought to have their own way of making up their apportionment when they know the number of Congressmen they are going to have. Has followed the reasoning of the Court does have the power appears to me satisfactory, and branches... In the former case would secure it to themselves in the former case would secure it to in! By one congressperson in the latter presumable that the supervisory power granted to under. Control will very probably never be exercised '' in congressional elections the Court have. Favor of Shaw and the other residents, 5 Stat Court nor the dissent of my Brother HARLAN have relevance... The similarities between baker v carr and wesberry v sanders Clause is not strictly true unless the word `` solely '' is.! Redistricting issues,: Federalists or Unitarists 2 the Debates in the of! 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