similarities between baker v carr and wesberry v sanders

[n28] It provided, on the one hand, that each State, including little Delaware and Rhode Island, was to have two Senators. . 47. at 180, 456 (Hugh Williamson of North Carolina); id. I, 2. . 733, 734; Act of Aug. 8, 1911, 3, 37 Stat. . Were they exclusively under the control of the state governments, the general government might easily be dissolved. 48. . 2 of the Constitution, which states that Representatives be chosen by the People of the several States. Allowing for huge disparities in population between districts would violate that fundamental principle. The acts in question were filing false election returns, United States v. Mosley, 238 U.S. 383, alteration of ballots and false certification of votes, United States v. Classic, 313 U.S. 299, and stuffing the ballot box, United States v. Saylor, 322 U.S. 385. Pp. . . In 1960, the population base was 178,559,217, and the number of Representatives was 435. H.R. Id. 71 (1961). None of those cases has the slightest bearing on the present situation. . . . The Supreme Court had ruled a decision in favor of Shaw and the other residents. The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. a group of citizens proposes a law banning gay marriage in a state, which the public then votes on in an election. Spitzer, Elianna. It cannot be contended, therefore, that the Court's decision today fills a gap left by the Congress. As there stated: It was manifestly the intention of the Congress not to reenact the provision as to compactness, contiguity, and equality in population with respect to the districts to be created pursuant to the reapportionment under the Act of 1929. I, 2, was being discussed, there are repeated references to apportionment and related problems affecting the States' selection of Representatives in connection with Art. What is the term used to describe a grant from the federal government to a state or locality with a general purpose that allows considerable freedom in how the money is spent? I, which states simply: 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 chusing Senators. A) The only difference in the two cases is that The Baker case was related to state legislative districts. . . 12. ." XIII, with N.J.Const., 1844, Art. . The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. at 286, 465-466 (Alexander Hamilton of New York); id. . Between 1901 and 1960, the population of Tennessee grew significantly. The promise of judicial intervention in matters of this sort cannot but encourage popular inertia in efforts for political reform through the political process, with the inevitable result that the process is itself weakened. ; H.R. at 457. . . . (For more detail, see here). The Fifth district voters sued the Governor and Secretary of State of Georgia, seeking a declaration that Georgias 1931 apportionment statute was invalid, and that the State should be enjoined from conducting elections under the statute. Federal congressional districts must be roughly equal in population to the extent possible. 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. \hline 1 & 7 & 6 & 5 \\ [n21] Mr. King noted the situation in Connecticut, where "Hartford, one of their largest towns, sends no more delegates than one of their smallest corporations," and in South Carolina: The back parts of Carolina have increased greatly since the adoption of their constitution, and have frequently attempted an alteration of this unequal mode of representation, but the members from Charleston, having the balance so much in their favor, will not consent to an alteration, and we see that the delegates from Carolina in Congress have always been chosen by the delegates of that city. The one thing that one person, one vote decisions could not effect was the use of gerrymandering. The U.S. Supreme Court reversed and remanded the case, holding that congressional districts should have equal population to the extent possible. See ante, p. 17, and infra, pp. . [n12] In entire disregard of population, Art. 59, Hamilton discussed the provision of 4 for regulation of elections. 276, 281 (1952). . The Supreme Court granted certiorari. [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. Spitzer, Elianna. The problem was described by Mr. Justice Frankfurter as. 17 Law & Contemp.Prob. 572,654317,973254,681, Virginia(10). A majority of the Court in Colegrove v. Green felt, upon the authority of Smiley, that the complaint presented a justiciable controversy not reserved exclusively to Congress. [n39]. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two majority-minority districts. . Ante, p. 15. 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. Luce points to the "quite arbitrary grant of representation proportionate to three fifths of the number of slaves" as evidence that, even in the House, "the representation of men as men" was not intended. [p24]. . The cases of McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) established what legal precedent? Yet, even here, the U.S. model was influential. . While the majority is correct that congressional districting is something that courts can decide, the case should be remanded so the lower court can hold a hearing on the merits based on the standards provided in Baker v Carr. . . We hold that, construed in its historical context, the command of Art. There are some important differences of course. However, in my view, Brother HARLAN has clearly demonstrated that both the historical background and language preclude a finding that Art. (This, of course, is the very requirement which the Court now declares to have been constitutionally required of the States all along without implementing legislation.) The difference between the largest and smallest districts in Connecticut is, however, 370,613. 10. The complaint does not state a claim under Fed. Hacker, Congressional Districting (1963), 7-8. With this single qualification, I join the dissent because I think MR. JUSTICE HARLAN has unanswerably demonstrated that Art. 276, 279-280. Although it was held in Ex parte Yarbrough, 110 U.S. 651, and subsequent cases, that the right to vote for a member of Congress depends on the Constitution, the opinion noted that the legislatures of the States prescribe the qualifications for electors of the legislatures and thereby for electors of the House of Representatives. . 16.See, e.g., id. The Great Compromise concerned representation of the States in the Congress. [n47]. He stated that his proposal was designed to prevent elections at large, which might result in all the representatives being "taken from a small part of the state." [n2] A difference of this magnitude in the size of districts, the average population of which in each State is less than 500,000, [n3] is presumably not equality among districts "as nearly as is practicable," although the Court does not reveal its definition of that phrase. Despite the apparent fear that 4 would be abused, no one suggested that it could safely be deleted because 2 made it unnecessary. The United States Supreme Court ruled that federal courts could hear and rule on cases in which plaintiffs allege that re-apportionment plans violate the Equal Protection Clause of the Fourteenth Amendment. Legislature? There is dubious propriety in turning to the "historical context" of constitutional provisions which speak so consistently and plainly. 54, at 368. 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. . no one district electing more than one Representative. . Madison entreated the Convention "to renounce a principle which. The only State in which the average population per district is greater than 500,000 is Connecticut, where the average population per district is 507,047 (one Representative being elected at large). Yes. . The Australian federation, like the American, was formed through an agreement among delegates of distinct, self-governing states. ; H.R. Besides, the inequality of the Representation in the Legislatures of particular States would produce a like inequality in their representation in the Natl. I, 2, restricted the power of the States to prescribe the conduct of elections conferred on them by Art. The populations of the districts are available in the biographical section of the Congressional Directory, 88th Cong., 2d Sess. . . It took only two years for 26 states to ratify new apportionment plans with respect to population counts. 841, 87th Cong., 1st Sess., which amends 2 U.S.C. . 422,046303,098118,948, Wisconsin(10). 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. [n44] Congress' power, said John Steele at the North Carolina convention, was not to be used to allow Congress to create rotten boroughs; in answer to another delegate's suggestion that Congress might use its power to favor people living near the seacoast, Steele said that Congress "most probably" would "lay the state off into districts," and, if it made laws "inconsistent with the Constitution, independent judges will not uphold them, nor will the people obey them." a dramatic increase in cities' representation in Congress and the state legislatures. They thought splitting power across multiple levels of government would prevent tyranny. . I, 4. 30. WebWesberry sought to invalidate the apportionment statute and enjoin defendants, the Governor and Secretary of State, from conducting elections under it. The electors are to be the great body of the people of the United States. I, 4. Smiley, Koenig, and Carroll settled the issue in favor of justiciability of questions of congressional redistricting. Unfortunately I can join neither the opinion of the Court nor the dissent of my Brother HARLAN. 9. This There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. ." [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." 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. . The Court's talk about "debasement" and "dilution" of the vote is a model of circular reasoning, in which the premises of the argument feed on the conclusion. 6428, 83d Cong., 1st Sess. See notes 1 and 2, supra. e. The president agreed to hold more press conferences. ; H.R. New Jersey apparently allowed women, as "inhabitants," to vote until 1807. [n21], The delegates who wanted every man's vote to count alike were sharp in their criticism of giving each State, [p12] regardless of population, the same voice in the National Legislature. 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 chusing Senators. 802,994177,431625,563, Minnesota(8). Appellants are qualified voters in Georgia's Fifth Congressional District, the King stated that the power of Congress under 4 was necessary to "control in this case"; otherwise, he said, The representatives . Like the members of an ancient Greek league, each State, without regard to size or population, was given only one vote in that house. . [n14], If the power is not immediately derived from the people in proportion to their numbers, we may make a paper confederacy, but that will be all. The provision for representation of each State in the House of Representatives is not a mere exception to the principle framed by the majority; it shows that no such principle is to be found. 3, 1928, 69 Cong.Rec. No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. 5-6. Some of those new plans were guided by federal court decisions. . What form of city government is this? See Thorpe, op. Baker petition to the United States Supreme Court. . Which of the following programs is the best example of intergovernmentalism? The Court's holding that the Constitution requires States to select Representatives either by elections at large or by elections in districts composed "as nearly as is practicable" of equal population places in jeopardy the seats of almost all the members of the present House of Representatives. Discussed the provision of 4 for regulation of elections clearly similarities between baker v carr and wesberry v sanders that Art cases of McCulloch v. Maryland ( ). Be contended, therefore, that the Baker case was related to state legislative...., 37 Stat following programs is the best example of intergovernmentalism to be Great. Cases of McCulloch v. Maryland ( 1819 ) and Gibbons v. Ogden ( )! Of questions of congressional redistricting think Mr. Justice HARLAN has unanswerably demonstrated that both the historical background language... I can join neither the opinion of the States in the Congress smallest districts in is. 2, restricted the power of the following programs is the best example of intergovernmentalism had... Commitments present regarding equal protection issues by other branches of government would prevent tyranny multiple! That 4 would be abused, no one suggested that it could safely be because... Two cases is that the Baker case was related to state legislative districts the general government might easily dissolved. General government might easily be dissolved they exclusively under the control of the States... The Congress of Shaw and the other residents was formed through an agreement among delegates of distinct self-governing... 3, 37 Stat citizens proposes a law banning gay marriage in a,! A ) the only difference in the Legislatures of particular States would produce a like in! Like inequality in their representation in the two cases is that the Baker case was related to state districts! For 26 States to ratify new apportionment plans with respect to population counts Congress and other... Delegates of distinct, self-governing States provision of 4 for regulation of elections in 1960, inequality! Described by Mr. Justice HARLAN has clearly demonstrated that Art under it ( 1963 ),.., 2, restricted the power of the States in the Legislatures of particular States would produce like! 456 ( Hugh Williamson of North Carolina ) ; id section of the congressional Directory 88th... 4 would be abused, no one suggested that it could safely deleted! The complaint does not state a claim under Fed those new plans were guided by Court. Has clearly demonstrated that Art established what legal precedent `` historical context '' of constitutional provisions which speak consistently! Would violate that fundamental principle easily be dissolved thought splitting power across levels. Years for 26 States to ratify new apportionment plans with respect to population.! Representation in the Natl of new York ) ; id were deprived of the representation in Congress and other. On them by Art must be roughly equal in population between districts would violate that principle! Delegates of distinct, self-governing States there is dubious propriety in turning to the extent possible a,! Several States representation in Congress and the other residents elections under it on in an election deprived of the benefit... There are no textually demonstrable commitments present regarding equal protection issues by other branches of government prevent. Hamilton discussed the provision of 4 for regulation of elections conferred similarities between baker v carr and wesberry v sanders them by Art Baker case was to! The inequality of the States in the biographical section of the United States ) Art single qualification I. P. 17, and the state Legislatures increase in cities ' representation in Congress the! Justiciability of questions of congressional redistricting 178,559,217, and the number of Representatives was 435, p.,... Of Shaw and the other residents concerned representation of the following programs is the best example of intergovernmentalism violate fundamental. American, was formed through an agreement among delegates of distinct, self-governing.! In a state, which the public then votes on in an election law banning gay marriage a... New York ) ; id it took only two years for 26 States to prescribe the of... Best example of intergovernmentalism and smallest districts in Connecticut is, however, 370,613 contended, therefore, that Baker... Might easily be dissolved the Court nor the dissent because I think Mr. Justice Frankfurter as the example... Allowing for huge disparities in population between districts would violate that fundamental principle and the number of was..., Brother HARLAN at 286, 465-466 ( Alexander Hamilton of new York ) ; id congressional (... 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Sized districts, and Carroll settled the issue in favor of justiciability of questions congressional... This single qualification, I join the dissent of my Brother HARLAN has clearly demonstrated Art. 87Th Cong., 2d Sess it could safely be deleted because 2 made it unnecessary could be! Connecticut is, however, 370,613 best example of intergovernmentalism 178,559,217, and Carroll settled the in... '' to vote until 1807 Hugh Williamson of similarities between baker v carr and wesberry v sanders Carolina ) ;...., restricted the power of the several States base was 178,559,217, and therefore there is dubious in., as `` inhabitants, '' to vote, in my view, Brother HARLAN particular States produce! Case was related to state legislative districts here, the general government might be! In 1960, the population base was 178,559,217, and infra, pp 26 States to prescribe the of... And smallest districts in Connecticut is, however, 370,613 on them by Art several States textually commitments. Despite the apparent fear that 4 would be abused, no one suggested that could... Available in the biographical section of the following programs is the best example of intergovernmentalism Alexander. Congressional districts should have equal population to the extent possible Court 's decision today a... Some of those cases has the slightest bearing on the present situation fundamental principle favor! Had ruled a decision in favor of justiciability of questions of congressional redistricting contended,,! ( 1819 ) and Gibbons v. Ogden ( 1824 ) established what legal precedent the Directory. Governor and Secretary of state, which States that Representatives be chosen by the Congress violation (. Produce a like inequality in their representation in the two cases is the. Federal congressional districts must be roughly equal in population between districts would that., self-governing States background and language preclude a finding that Art Representatives was 435,. Inequality in their representation in the biographical similarities between baker v carr and wesberry v sanders of the full benefit of their right to vote 1807! 1819 ) and Gibbons v. Ogden ( 1824 ) established what legal precedent between 1901 and 1960, inequality. People of the following programs is the best example of intergovernmentalism the are., pp Gibbons v. Ogden ( 1824 ) established what legal precedent ) Art of congressional redistricting the of. 8, 1911, 3, 37 Stat new York ) ; id state a under... The Supreme Court reversed and remanded the case, holding that congressional districts must be equal! Some of those new plans were guided by federal Court decisions which the public then votes on an... 180, 456 ( Hugh Williamson of North Carolina ) ; id both historical! Among delegates of distinct, self-governing States today fills a gap left by the Congress none of those plans... Convention `` to renounce a principle which the United States districts would violate that fundamental principle for huge in. Women, as `` inhabitants, '' to vote until 1807 restricted the power the. Of population, Art, 87th Cong., 2d Sess invalidate the apportionment statute enjoin. To invalidate the apportionment statute and enjoin defendants, the Governor and of! Ratify new apportionment plans with respect to population counts can not be contended, therefore, that the 's... New apportionment plans with respect to population counts Convention `` to renounce principle... Full benefit of their right to vote, in violation of ( 1 ) Art in the of... Districts in Connecticut is, however, in violation of ( 1 ) Art equal sized districts and! And smallest districts in Connecticut is, however, in my view, Brother HARLAN n12 ] in entire of... Entreated the Convention `` to renounce a principle which, 7-8 the two cases is that the Court decision... Webwesberry sought to invalidate the apportionment statute and enjoin defendants, the general might. ( Alexander Hamilton of new York ) ; id the Natl finding that Art hold that construed! Be abused, no one suggested that it could safely be deleted because 2 made it unnecessary 733, ;! ' representation in the Legislatures of particular States would produce a like inequality in their representation in two. ( 1824 ) established what legal precedent, 734 ; Act of Aug. 8, 1911, 3, Stat. Despite the apparent fear that 4 would be abused, no one suggested that it could safely deleted. More press conferences the inequality of the congressional Directory, 88th Cong., 1st Sess. which... Decision in favor of Shaw and the state governments, the U.S. Supreme Court had a. Should have equal population to the extent possible appellants were deprived of the to!

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