[State legislatures] might make an unequal and partial division of the states into districts for the election of representatives, or they might even disqualify one third of the electors. . 13. . . . 276, 279-280. We hold that, construed in its historical context, the command of Art. Believing that the complaint fails to disclose a constitutional claim, I would affirm the judgment below dismissing the complaint. I, 4, is the exclusive remedy. These were words of great latitude. 14. . Further, it goes beyond the province of the Court to decide this case. Only a demonstration which could not be avoided would justify this Court in rendering a decision the effect of which, inescapably, as I see it, is to declare constitutionally defective the very composition of a coordinate branch of the Federal Government. 5-6. 5, 6; Act of Feb. 7, 1891, 3, 26 Stat. 608,441295,072313,369, Missouri(10). [n6]. Georgias Fifth congressional district had two to three times more voters compared to other Georgia districts. Cf. In The Federalist, No. King stated that the power of Congress under 4 was necessary to "control in this case"; otherwise, he said, The representatives . . . There were no separate judicial or executive branches: only a Congress consisting of a single house. This would leave a House of Representatives composed of the 22 Representatives elected at large plus eight elected in congressional districts. There is an obvious lack of criteria for answering questions such as these, which points up the impropriety of the Court's wholehearted but heavy-footed entrance into the political arena. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. Is an equal protection challenge to a malapportionment of state legislatures considered non-justiciable as a political question? Not the rich more than the poor; not the learned more than the ignorant; not the haughty heirs of distinguished names more than the humble sons of obscure and unpropitious fortune. . The three cases Baker v. Carr, Wesberry v. Sanders, and Reynolds v. Sims established that states were required to conduct redistricting so that the districts had 3. Pp. In 1960, the federal census revealed that the state's population had grown by more than a million, totaling 3,567,089, and its voting population had swelled to 2,092,891. Baker v. Carr: Supreme Court Case, Arguments, Impact - ThoughtCo The second question, which concerned two congressional apportionment measures, was whether the Act of June 18, 1929, 46 Stat. [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. Next, Justice Brennan found that Baker and his fellow plaintiffs had standing to sue because, the voters were alleging "facts showing disadvantage to themselves as individuals.". number of people alone [was] the best rule for measuring wealth, as well as representation, and that, if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. See also the remarks of Mr. Graham. 4368 (remarks of Mr. Rankin), 4369 (remarks of Mr. McLeod), 4371 (remarks of Mr. McLeod); 87 Cong.Rec. I, 3, and it was specially provided in Article V that no State should ever be deprived of its equal representation in the Senate. . . at 663. The following data were collected on the number of nonconformities per unit for 10 time periods: TimeNonconformitiesperUnitTimeNonconformitiesperUnit176523733685439254100\begin{array}{cc|cc} . Act of June 25, 1842, 2, 5 Stat. 7-8. 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. 42-45. On the contrary, the Court substitutes its own judgment for that of the Congress. [n36] Section 2 was not mentioned. I], not only as those powers were necessary for preserving the union, but also for securing to the people their equal rights of election. Similarly, the external affairs power (s. 51(xxix)) has been interpreted to enable the federal government to legislate in areas outside of its enumerated sec. [n24], In the New York convention, during the discussion of 4, Mr. Jones objected to congressional power to regulate elections because such power, might be so construed as to deprive the states of an essential right, which, in the true design of the Constitution, was to be reserved to them. I, 2, was never mentioned. 248 (1962). Which of the following is an example of a ballot initiative? To say that a vote is worth more in one district than in another would not only run counter to our fundamental ideas of democratic government, it would cast aside the principle of a House of Representatives elected "by the People," a principle tenaciously fought for and established at the Constitutional Convention. WebKey points. None of the Court's references [p34] to the ratification debates supports the view that the provision for election of Representatives "by the People" was intended to have any application to the apportionment of Representatives within the States; in each instance, the cited passage merely repeats what the Constitution itself provides: that Representatives were to be elected by the people of the States. He relied on Baker v. Carr, 369 U.S. 186, which, after full discussion of Colegrove and all the opinions in it, held that allegations of disparities of population in state legislative districts raise justiciable claims on which courts may grant relief. In that case, the Court had declared re-apportionment a "political thicket." Compare N.J.Const., 1776, Art. The Federalist, No. 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." 539,592373,583166,009, Kentucky(7). In the North Carolina convention, again during discussion of 4, Mr. Steele pointed out that the state legislatures had the initial power to regulate elections, and that the North Carolina legislature would regulate the first election at least "as they think proper." 400,573274,194126,379, Nebraska(3). WebWesberry sought to invalidate the apportionment statute and enjoin defendants, the Governor and Secretary of State, from conducting elections under it. [n30] The Constitution embodied Edmund Randolph's proposal for a periodic census to ensure "fair representation of the people," [n31] an idea endorsed by Mason as assuring that "numbers of inhabitants" [p14] should always be the measure of representation in the House of Representatives. 51 powers in order to implement treaties. . The U.S. Supreme Court reversed and remanded the case, holding that congressional districts should have equal population to the extent possible. 26.Id. . I, 4, in sustaining this power. ." . Members of the first are elected from each state in proportion to that states population; in the second, each state is represented by the same number of senators (in Australia, it is currently 12 senators for each state, while the two mainland territories have two senators each). Madison, in The Federalist, described the system of division of States into congressional districts, the method which he and others [n38] assumed States probably would adopt: The city of Philadelphia is supposed to contain between fifty and sixty thousand souls. The figure is obtained by dividing the population base (which excludes the population of the District of Columbia, the population of the Territories, and the number of Indians not taxed) by the number of Representatives. I, 2, reveals that those who framed the Constitution [p9] meant that, no matter what the mechanics of an election, whether statewide or by districts, it was population which was to be the basis of the Hose of Representatives. . . Since there is only one Congressman for each district, this inequality of population means that the Fifth District's Congressman has to represent from two to three times as many people as do Congressmen from some of the other Georgia districts. [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. [n10] This rule is followed automatically, of course, when Representatives are chosen as a group on a statewide basis, as was a widespread practice in the first 50 years of our Nation's history. Tennessee had undergone a population shift in which thousands of people flooded urban areas, abandoning the rural countryside. Unfortunately I can join neither the opinion of the Court nor the dissent of my Brother HARLAN. . . . (For a book-length discussion, see here.). 45. . 726,156236,288489,868, Oklahoma(6). [n25] At last those who supported representation of the people in both houses and those who supported it in neither were brought together, some expressing the fear that, if they did not reconcile their differences, "some foreign sword will probably do the work for us." 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. . [n52] Bills which would have imposed on the States a requirement of equally or nearly equally populated districts were regularly introduced in the House. The distribution of powers between the federal and state governments assumes that the states retained the powers they had at federation, subject only to the specific powers conferred on the federal government. . I, 2, which provides for the apportionment of Representatives among the States. It does not permit the States to pick out certain qualified citizens or groups of citizens and deny them the right to vote at all. Traditionally, particularly in the South, the It goes without saying that it is beyond the province of this Court to decide whether equally populated districts is the preferable method for electing Representatives, whether state legislatures would have acted more fairly or wisely had they adopted such a method, or whether Congress has been derelict in not requiring state legislatures to follow that course. Did Georgias apportionment statute violate the Constitution by allowing for large differences in population between districts even though each district had one representative? II, 1. 129, 153). However, Art. Spitzer, Elianna. . I believe that the court erred in so doing. 71. How does Greece's location continue to shape its economic activities? Textually demonstrable constitutional commitment to another political branch; Lack of judicially discoverable and manageable standards for resolving the issue; Impossibility of deciding the issue without making an initial policy determination of a kind not suitable for judicial discretion; Unusual need for unquestioning adherence to a political decision already made; or. The problem was described by Mr. Justice Frankfurter as. 328 U.S. at 565. Gray v. Sanders, 372 U.S. 368, 381. 17 Law & Contemp.Prob. Webviews 1,544,492 updated. WebCarr (1962) and Wesberry v. Sanders (1964) established that the states were required to conduct redistricting in order to make that the districts had approximately equal populations. That district, one of ten created by a 1931 Georgia statute, [n1] includes Fulton, DeKalb, and Rockdale Counties, and has a population, according to the 1960 census, of 823,680. While those who wanted both houses to represent the people had yielded on the Senate, they had not yielded on the House of Representatives. similarities between baker v carr and wesberry v sanders Like its American counterpart, Australias constitution is initially divided into distinct chapters dealing with . supra, 49-54. The history of the Constitution, particularly that part of it relating to the adoption of Art. It is not surprising that our Court has held that this Article gives persons qualified to vote a constitutional right to vote and to have their votes counted. . 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. The voters alleged that the apportionment scheme violated several provisions of the Constitution, including Art I, sec 2. and the Fourteenth Amendment. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. In 1960, the population base was 178,559,217, and the number of Representatives was 435. at 467 (Elbridge Gerry of Massachusetts); id. WebCarr (1962) and Wesberry v. Sanders (1964) established that all electoral districts of state legislatures and the United States House of Representatives must be equal in size by WebBaker v Carr, Wesberry v Sanders, Reynolds v Sims (states) Appellate Jurisdiction Only hears cases based off of appeals from lower courts Original Jurisdiction May be the first court to hear or review a case. How would this new jurisdiction best be described? 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." . Readers surely could have fairly taken this to mean, "one person, one vote." 59, Hamilton discussed the provision of 4 for regulation of elections. Which of the following was NOT a provision of the Fourteenth and Fifteenth Amendments? there is no apparent judicial remedy or set of judicial standards for resolving the issue, a decision cannot be made without first making a policy determination that is not judicial in nature, the Court cannot undertake an "independent resolution" without "expressing lack of the respect due coordinate branches of government", there is an unusual need for not questioning a political decision that has already been made, "the potentiality of embarrassment" from multiple decisions being issued by various departments regarding one question. . Besides, the inequality of the Representation in the Legislatures of particular States would produce a like inequality in their representation in the Natl. The constitutional right which the Court creates is manufactured out of whole cloth. I, 2, of the Constitution of the United States, which provides that "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States . Three levels of federal courts Supreme, Circuit (Appellate), Federal district Stare decisis Let the decision stand. Which of the following is the best example of a national-level policy serving as a response to a collective-action dilemma among states? The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. These conclusions presume that all the Representatives from a State in which any part of the congressional districting is found invalid would be affected. The Great Compromise concerned representation of the States in the Congress. . . at 660. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative. 478,962376,336102,626, Michigan(19). Partly because the Australian list of federal powers is much longer than the American, less emphasis has been placed on Australias commerce power. (Emphasis added.) In answering this question, the Court was concerned to carry out the intention of Congress in enacting the 1929 Act.See id. . However, the Court has followed the reasoning of the dissenting justices in those . It established the right of federal courts to review redistricting issues, when just a few years earlier such matter werecategorized as political questions outside the jurisdiction of the courts. Baker argued that re-apportionment was vital to the equality in the democratic process. Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. . Ante, p. 15. [p24]. . But he had in mind only that other clear provision of the Constitution that representation would be apportioned among the States according to population. . At the time of the Revolution. The last mode, has with reason, been preferred by the Convention. "Rotten boroughs" have long since disappeared in Great Britain. . no serious inroads had yet been made upon the privileges of property, which, indeed, maintained in most states a second line of defense in the form of high personal property qualifications required for membership in the legislature. [n51], Debates over apportionment in subsequent Congresses are generally unhelpful to explain the continued rejection of such a requirement; there are some intimations that the feeling that districting was a matter exclusively for the States persisted. . . How, then, can the Court hold that Art. Thus, it was ruled that redistricting qualified as a justiciable which activated hearing of redistricting cases by the federal courts Now, the case of Wesberry v. 572,654317,973254,681, Virginia(10). 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 . . I, 4, of the Constitution [n7] had given Congress "exclusive authority" to protect the right of citizens to vote for Congressmen, [n8] but we made it clear in Baker that nothing in the language of that article gives support to a construction that would immunize state congressional apportionment laws which debase a citizen's right to vote from the power of courts to protect the constitutional rights of individuals from legislative destruction, a power recognized at least since our decision in Marbury v. Madison, 1 Cranch 137, in 1803. Neither of the numbers of The Federalist from which the Court quotes, ante, pp. It will, I presume, be as readily conceded that there were only three ways in which this power could have been reasonably modified and disposed, that it must either have been lodged wholly in the National Legislature, or wholly in the State Legislatures, or primarily in the latter and ultimately in the former. I had not expected to witness the day when the Supreme Court of the United States would render a decision which casts grave doubt on the constitutionality of the composition of the House of Representatives. The group claimed William Samuel Johnson of Connecticut had summed it up well: "in one branch, the people ought to be represented; in the other, the States." at 489-490 (Rufus King of Massachusetts); id. 71 (1961). at 322, 446-449, 486, 527-528 (James Madison of Virginia); id. [n24] Seeing the controversy growing sharper and emotions rising, the wise and highly respected Benjamin Franklin arose and pleaded with the delegates on both sides to "part with some of their demands, in order that they may join in some accommodating proposition." Instead of proceeding on the merits, the court dismissed the case for lack of equity. 802,994177,431625,563, Minnesota(8). 1499 (remarks of Mr. Dickinson). The Australian Constitution guarantees freedom of religion and prohibits any establishment of religion in terms very similar to the U.S. First Amendment. Indeed, the Court recognized that the Constitution "adopts the qualification" furnished by the States "as the qualification of its own electors for members of Congress." Spitzer, Elianna. . 36.Id. The status of each state and how the laws applied within were a significant difference in the facts of Baker v. Carr (1962) and Wesberry v. Sanders (1964), which had an impact on the application of the Supreme Court's judgement. None of those cases has the slightest bearing on the present situation. Without these powers in Congress, the people can have no remedy; but the 4th section provides a remedy, a controlling power in a legislature, composed of senators and representatives of twelve states, without the influence of our commotions and factions, who will hear impartially, and preserve and restore [p36] to the people their equal and sacred rights of election. Again, in Baker v. Carr, 369 U.S. 186, 232 (1962), the opinion of the Court recognized that Smiley "settled the issue in favor of justiciability of questions of congressional redistricting." In urging the people to adopt the Constitution, Madison said in No. The constitutional and statutory qualifications for electors in the various States are set out in tabular form in 1 Thorpe, A Constitutional History of the American People 1776-1850 (1898), 93-96. . . [n12] In entire disregard of population, Art. The cases of McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) established what legal precedent? Art. Which of the following programs is the best example of intergovernmentalism? . 54, discussed infra pp. Are there any special causes of variation ? Some delegates opposed election by the people. This dismissal can no more be justified on the ground of "want of equity" than on the ground of "nonjusticiability." Elections are regulated now unequally in some states, particularly South Carolina, with respect to Charleston, [p38] which is represented by thirty members. I, 4. . . 45-46. . . 735; Act of Jan. 16, 1901, 3, 31 Stat. The one thing that one person, one vote decisions could not effect was the use of gerrymandering. 21, had repealed certain provisions of the Act of Aug. 8, 1911, 37 Stat. But nothing in Baker is contradictory to the view that, political question and other objections to "justiciability" aside, the Constitution vests exclusive authority to deal with the problem of this case in the state legislatures and the Congress. 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. 951,527216,371735,156, Utah(2). . [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. Gray v. Sanders, 372 U.S. 368. . Yes. 41.See, e.g., 2 The Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d Elliot ed. Whether the electors should vote by ballot or viva voce, should assemble at this place or that place, should be divided into districts or all meet at one place, shd all vote for all the representatives, or all in a district vote for a number allotted to the district, these & many other points would depend on the Legislatures. that the national government has wide latitude to regulate commercial activity, even within the states. . 3. . ThoughtCo, Aug. 28, 2020, thoughtco.com/baker-v-carr-4774789. There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. Pp. . The list of powers in Australia is longer and more detailed, but the basic structure and logic are the same. 530,507404,695125,812, NewHampshire(2). 13, 14. Australias high court has opined that the states must continue to exist as separate governments exercising independent functions (Melbourne Corporation v. Commonwealth, (1947) 74 CLR 31, 83). The government of each of these cantons has a permanent legal status, and powers are divided between the canton governments and the national government. Govt. (Emphasis added.) This [p19] Court has so held ever since Smiley v. Holm, 285 U.S. 355 (1932), which is buttressed by two companion cases, Koenig v. Flynn, 285 U.S. 375 (1932), and Carroll v. Becker, 285 U.S. 380 (1932). If Congress failed in exercising its powers, whereby standards of fairness are offended, the remedy ultimately lies with the people. She has also worked at the Superior Court of San Francisco's ACCESS Center. I, 2, on which the Court exclusively relies, confers the right to vote for Representatives only on those whom the State has found qualified to vote for members of "the most numerous Branch of the State Legislature." A challenge brought under the Equal Protection Clause to malapportionment of state legislatures is not a political question and is justiciable. I, 4, which the Court so pointedly neglects. 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? . . [n13] It freezes upon both, for no reason other than that it seems wise to the majority of the present Court, a particular political theory for the selection of Representatives. . State residents could then choose the level of pollution regulation that best suits their residents. Nor is this a case in which an emergent set of facts requires the Court to frame new principles to protect recognized constitutional rights. But if they be regulated properly by the state legislatures, the congressional control will very probably never be exercised. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. Carr and Wesberry v. Sanders have been argued before Australias High Court. There is dubious propriety in turning to the "historical context" of constitutional provisions which speak so consistently and plainly. 39-40. WebBaker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. [n45], This provision for equal districts which the Court exactly duplicates, in effect, was carried forward in each subsequent apportionment statute through 1911. 13-14), from the intention of the delegates at the Philadelphia Convention "that, in allocating Congressmen, the number assigned to each State should be determined solely by the number of the State's inhabitants," ante, p. 13, to a "principle solemnly embodied in the Great Compromise -- equal representation in the House for equal numbers of people," ante, p. 14. The Supreme Court granted certiorari. 2648, 82d Cong., 1st Sess. 552,863227,692325,171, Oregon(4). The average population of the ten districts is 394,312, less than half that of the Fifth. . 1. . All that there is is a provision which bases representation in the House, generally but not entirely, on the population of the States. . But a court cannot erase only the districts which do not conform to the standard announced today, since invalidation of those districts would require that the lines of all the districts within the State be redrawn. With this single qualification, I join the dissent because I think MR. JUSTICE HARLAN has unanswerably demonstrated that Art. no one district electing more than one Representative. [n40] In the state conventions, speakers urging ratification of the Constitution emphasized the theme of equal representation in the House which had permeated the debates in Philadelphia. . [I]t was thought that the regulation of time, place, and manner, of electing the representatives, should be uniform throughout the continent. . Madison entreated the Convention "to renounce a principle which. II Elliot's Debates on the Federal Constitution (2d ed. 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