33.Id. 45-46. Laying aside for the moment the validity of such a consideration as a factor in constitutional interpretation, it becomes relevant to examine the history of congressional action under Art. II, 1. 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. 248 (1962). . The assemblage at the Philadelphia Convention was by no means committed to popular government, and few of the delegates had sympathy for the habits or institutions of democracy. Baker v. Carr was a landmark U.S. Supreme Court casein the year 1962. 45. . How does Greece's location continue to shape its economic activities? at 256-257. . . Contrary to the Court's statement, ante, p. 18, no reader of The Federalist "could have fairly taken . equal protection clause of the Fourteenth Amendment forbids . 26.Id. [n41]. Since the right to vote is inherent in the Constitution, each vote should hold equal weight. But, consistent with Westminster tradition, executive powers are exercised strictly on the advice of Australias prime minister and other ministers who have the support and confidence of the House of Representatives. 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. Wesberry, a voter of the 5 th District of Georgia, filed suit on the basis that his Congressional district had a population 2-3 times larger than other districts in the State, thereby debasing his vote. Sign up. 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. Such failure violates both judicial restraint and separation of powers concerns under the Constitution. I, 2. . Section 5. Believing that the complaint fails to disclose a constitutional claim, I would affirm the judgment below dismissing the complaint. 2 of the Constitution does not mandate that congressional districts must be equal in population. I, 2,that Representatives be chosen "by the People of the several States" means that, as nearly as is practicable, one person's vote in a congressional election is to be worth as much as another's. There has been some question about the authorship of Numbers 54 and 57, see The Federalist (Lodge ed.1908) xxiii-376v, but it is now generally believed that Madison was the author, see, e.g., The Federalist (Cooke ed.1961) xxvii; The Federalist (Van Doren ed.1945) vi-vii; Brant, "Settling the Authorship of The Federalist," 67 Am.Hist.Rev. 660,345237,235423,110, Georgia(10). . I, 4. Definition and Examples, The Original Jurisdiction of the US Supreme Court, What Is Sovereign Immunity? at 663. 497,669182,845314,824, Tennessee(9). c. Reporters were given greater access to the enemy. Ibid. On the other hand, I agree with the majority that congressional districting is subject to judicial scrutiny. at 197-198 (Benjamin Franklin of Pennsylvania) id. . Since then, despite repeated efforts to obtain congressional action again, Congress has continued to leave the problem and its solution to the States. (Emphasis added.) Both sides seemed for a time to be hopelessly obstinate. 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. . 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. In Baker v. Carr, the court determined that the legislative apportionment was a legitimate concern, whereas in Wesberry v. Sanders, the court found that Georgia's apportionment plan grossly discriminated against Fifth Congressional District voters because they were 2 to 3 times as numerous and as a result underrepresented in terms of ; H.R. at 461-462 (William Samuel Johnson). . . The fallacy of the Court's reasoning in this regard is illustrated by its slide, obscured by intervening discussion (see ante pp. 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 constitutional scheme vests in the States plenary power to regulate the conduct of elections for Representatives, and, in order to protect the Federal Government, provides for congressional supervision of the States' exercise of their power. 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. Why? . . However, Australias constitution is constitutively more democratic than the American. a. Construct the appropriate control chart and determine the LCL and UCL. 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. Only studying the services available to those who move ignores those who do not move. 1. the Constitution has conferred upon Congress exclusive authority to secure fair representation by the States in the popular House. Pp. . [p45]. Baker claimed the malapportionment of state legislatures is justiciable and the state of Tennessee argued such an issue is a political question not capable of being decided by the courts. [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. 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. Which of the following is an example of a ballot initiative? 4. The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. I, 2. In upholding that claim, the Court attempts to effect reforms in a field which the Constitution, as plainly as can be, has committed exclusively to the political process. 13. Like the members of an ancient Greek league, each State, without regard to size or population, was given only one vote in that house. If, then, slaves were intended to be without representation, Article I did exactly what the Court now says it prohibited: it "weighted" the vote of voters in the slave States. . The unstated premise of the Court's conclusion quite obviously is that the Congress has not dealt, and the Court believes it will not deal, with the problem of congressional apportionment in accordance with what the Court believes to be sound political principles. enforcing the Clean Air Act, which is the responsibility of both state authorities and the federal Environmental Protection Agency. See, e.g., the New York Constitution of 1777, Art. Such discriminatory legislation seems to me exactly the kind that the equal protection clause was intended to prohibit. ; H.R. . 552,863227,692325,171, Oregon(4). The Court relies in part on Baker v. Carr, supra, to immunize its present decision from the force of Colegrove. Despite a swell in population, certain urban areas were still receiving the same amount of representatives as rural areas with far less voters. . The one thing that one person, one vote decisions could not effect was the use of gerrymandering. IV Elliot's Debates 257. 12(b)(6). Other provisions of the Constitution would, of course, be relevant, but, so far as Art. 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. (Cooke ed.1961) 369. 57 (Cooke ed.1961), at 385. U.S. Bureau of the Census, Census of Population: 1960 (hereafter, Census), xiv. (Emphasis added.) [n44] In 1872, Congress required that Representatives, be elected by districts composed of contiguous territory, and containing as [p43] nearly as practicable an equal number of inhabitants, . 5. This insistence on the equality of the states, combined with a desire to create a federal government that would represent the people of the federation as a whole, meant that in both countries the federal legislature consists of a House of Representatives and a Senate. . In my view, we should therefore vacate this judgment and remand the case for a hearing [p20] on the merits. [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. . that nothing in this Constitution shall be construed to prevent the legislature of any state to pass laws, from time to time, to divide such state into as many convenient districts as the state shall be entitled to elect representatives for Congress, nor to prevent such legislature from making provision, that the electors in each district shall choose a citizen of the United States, who shall have been an inhabitant of the district, for the term of one year immediately preceding the time of his election, for one of the representatives of such state. . Tennessee had acted "arbitrarily" and "capriciously" in not following redistricting standards, he claimed. . Justice Brennan wrote that the federal courts have subject matter jurisdiction in relation to apportionment. . 608,441295,072313,369, Missouri(10). 575, 86th Cong., 1st Sess. 1496. 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." People doubt her as a female roofer: Were proving them wrong every day, She rescues baby squirrels: Theyre quite destructive. We do not deem [Colegrove v. Green] . She has also worked at the Superior Court of San Francisco's ACCESS Center. 400,573274,194126,379, Nebraska(3). Baker, a Republican citizen of Shelby County, brought suit against the Secretary of State claiming that the state had not been redistricted since 1901 and Shelby County had more residents than rural districts. Spitzer, Elianna. . Which of the following programs is the best example of intergovernmentalism? at 286, 465-466 (Alexander Hamilton of New York); id. Appellants are qualified voters in Georgia's Fifth Congressional District, the population of which is two to three times greater than that of some other congressional districts in the State. 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). Even that is not strictly true unless the word "solely" is deleted. 585,586255,165330,421, NewYork(41). Legislature, as it was presumable that the Counties having the power in the former case would secure it to themselves in the latter. The cases of McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) established what legal precedent? [p5]. 36.Id. . There is dubious propriety in turning to the "historical context" of constitutional provisions which speak so consistently and plainly. 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. That right is based in Art I, sec. . Retrieved from https://www.thoughtco.com/baker-v-carr-4774789. . The majoritys three rulings should be no more than whether: In addition, the proper place for this trial is the trial court, not here. Also, every State was to have "at Least one Representative." ThoughtCo. Id. Webviews 1,544,492 updated. Id. 1128, H.R. An issue is considered a non-justiciable political question when one of six tests are met: This claim does not meet any of the six tests and is justiciable. . The Court's opinion not only fails to make such a demonstration, it is unsound logically on its face, and demonstrably unsound historically. . Federal courts could create discoverable and manageable standards for granting relief in equal protection cases. Traditionally, particularly in the South, the . 5099, 76th Cong., 1st Sess. . 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? Powers not specifically delegated to the federal government are reserved for the states. "Rotten boroughs" have long since disappeared in Great Britain. It is true that the opening sentence of Art. [n45], This provision for equal districts which the Court exactly duplicates, in effect, was carried forward in each subsequent apportionment statute through 1911. What danger could there be in giving a controuling power to the Natl. 129, 153). I, 2, which provides for the apportionment of Representatives among the States. The right to vote is too important in our free society to be stripped of judicial protection by such an interpretation of Article I. 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. . of representatives . 13. Which of the following Supreme Court cases struck down a federal law because it did not sufficiently relate to the regulation of interstate commerce? . Pp. ; H.R. Gray v. Sanders, 372 U.S. 368, 381. WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. Are there any special causes of variation ? [n38] This statement was offered simply to show that the slave [p40] population could not reasonably be included in the basis of apportionment of direct taxes and excluded from the basis of apportionment of representation. ; H.R. . 47. . [n36] The delegates referred to rotten borough apportionments in some of the state legislatures as the kind of objectionable governmental action that the Constitution should not tolerate in the election of congressional representatives. In the absence of a reapportionment, all the Representatives from a State found to have violated the standard would presumably have to be elected at large. 653,954195,551458,403, Connecticut(6). . In addition, the Assembly has created a Joint Congressional Redistricting Study Committee which has been working on the problem of congressional redistricting for several months. [sic] and might materially affect the appointments. 1836) (hereafter Elliot's Debates), 11. . William Samuel Johnson of Connecticut had summed it up well: "in one branch, the people ought to be represented; in the other, the States." [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." . How would this new jurisdiction best be described? H.R. Materials supplementary to the debates are as unequivocal. . 71 (1961). v. Varsity Brands, Inc. Trinity Lutheran Church of Columbia, Inc. v. Comer. Some of them, of course, would ordinarily come from districts the populations of which were about that which would result from an apportionment based solely on population. . 627,019223,387403,632, Texas(23). Elected politicians are the real locus of executive power. No. 28.See id. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The statute offered a way for Tennessee to handle apportionment of senators and representatives as its population shifted and grew. The truth is that it does not. This history reveals that the Court is not simply undertaking to exercise a power which the Constitution reserves to the Congress; it is also overruling congressional judgment. also Wood v. Broom, 287 U.S. 1. 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. . 10. 1. Although the majority below said that the dismissal here was based on "want of equity," and not on nonjusticiability, they relied on no circumstances which were peculiar to the present case; instead, they adopted the language and reasoning of Mr Justice Frankfurter's Colegrove opinion in concluding that the appellants had presented a wholly "political" question. Wesberry v. Sanders (No. 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. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two majority-minority districts. It was impossible to foresee all the abuses that might be made of the discretionary power. . ; H.R. In addition, Connecticut, Maryland, Michigan, Ohio, and Texas each elected one of their Representatives at large. The difference between challenges brought under the Equal Protection Clause and the Guaranty Clause is not enough to decide against existing precedent. . . Although the Court finds necessity for its artificial construction of Article I in the undoubted importance of the right to vote, that right is not involved in this case. Neither of the numbers of The Federalist from which the Court quotes, ante, pp. The problem was described by Mr. Justice Frankfurter as. Georgias Fifth congressional district had two to three times more voters compared to other Georgia districts. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. Baker v. Carr (1962) was a landmark case concerning re-apportionment and redistricting. As will be shown, these constitutional provisions and their "historical context," ante, p. 7, establish: 1. that congressional Representatives are to be apportioned among the several States largely, but not entirely, according to population; 2. that the States have plenary power to select their allotted Representatives in accordance with any method of popular election they please, subject only to the supervisory power of Congress; and, 3. that the supervisory power of Congress is exclusive. . The appearance of support in that section derives from the Court's confusion of two issues: direct election of Representatives within the States and the apportionment of Representatives among the States. In urging the people to adopt the Constitution, Madison said in No. CLARK, J., Concurring in Part, Dissenting in Part. What is the most valid criticism of this study? Which of the following was NOT a provision of the Fourteenth and Fifteenth Amendments? 51 powers in order to implement treaties. https://www.thoughtco.com/baker-v-carr-4774789 (accessed March 1, 2023). Gray v. Sanders, 372 U.S. 368. The provision for equally populated districts was dropped in 1929, [n47] and has not been revived, although the 1929 provisions for apportionment have twice been amended, and, in 1941, were made generally applicable to subsequent censuses and apportionments. 34. 3 & 6 & 8 & 5 \\ . In deciding whether this law is constitutional, which of the following issues are the courts likely to consider most important? Id. Does the number of districts within the State have any relevance? The reasons which led to these conclusions in Baker are equally persuasive here. . I Farrand, Records of the Federal Convention (1911) (hereafter Farrand), 48, 86-87, 134-136, 288-289, 299, 533, 534; II Farrand 202. Before the war ended, the Congress had proposed and secured the ratification by the States of a somewhat closer association under the Articles of Confederation. Opinions to start the day, in your inbox. 11. In 1960, the population base was 178,559,217, and the number of Representatives was 435. If they do, the small ones will find some foreign ally of more honor and good faith who will take them by the hand and do them justice. Each time redistricting plans were drawn up in accordance with the federal census and put to a vote, they failed to get enough votes to pass. 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. [n22]. Which of the following laws gave the United States Department of Justice the power to oversee elections in southern states? However, the Court has followed the reasoning of the dissenting justices in those American cases, thus rejecting any implication that districts must have virtually the same population. New Jersey apparently allowed women, as "inhabitants," to vote until 1807. 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. 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. In the last congressional election, in 1962, Representatives from 42 States were elected from congressional districts. 12. Baker argued that re-apportionment was vital to the equality in the democratic process. The Court's holding is,of course, derogatory not only of the power of the state legislatures, but also of the power of Congress, both theoretically and as they have actually exercised their power. 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. By yielding to the demand for a judicial remedy in this instance, the Court, in my view, does a disservice both to itself and to the broader values of our system of government. In a 1946 case, Colegrove v. Green, the Supreme Court had ruled that apportionment should be left to the states to decide, the attorneys argued. What is done today saps the political process. Prior cases involving the same subject matter have been decided as nonjusticiable political questions. Yet, even here, the U.S. model was influential. 46. . . 162; Act of Nov. 15, 1941, 55 Stat. 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. [n33] (The particular possibilities that Steele had in mind were apparently that Congress might attempt to prescribe the qualifications for electors or "to make the place of elections inconvenient." 6. Spitzer, Elianna. Yet, despite similarities in judicial interpretation, important differences remain. [n23], Mr. PARSONS contended for vesting in Congress the powers contained in the 4th section [of Art. . 1343(3), asking that the apportionment statute be declared invalid and that appellees, the Governor and Secretary of State, be enjoined from conducting elections under it. [n20]. 2. at 457. from that state [South Carolina], will not be chosen by the people, but will be the representatives of a faction of that state. [n3] Judge Tuttle, disagreeing with the court's reliance on that opinion, dissented from the dismissal, though he would have denied an injunction at that time in order to give the Georgia Legislature ample opportunity to correct the "abuses" in the apportionment. . Now, he has a new philosophy on life. . Justice Brennan focused the decision on whether redistricting could be a "justiciable" question, meaning whether federal courts could hear a case regarding apportionment of state representatives. It is in the light of such history that we must construe Art. . Before coming to grips with the reasoning that carries such extraordinary consequences, it is important to have firmly in mind the provisions of Article I of the Constitution which control this case: Section 2. How can it be, then, that this very same sentence prevents Georgia from apportioning its Representatives as it chooses? . . . Is the standard an absolute or relative one, and, if the latter, to what is the difference in population to be related? At the time of the Revolution. What form of city government is this? The apportionment statute thus contracts the value of some votes and expands that of others. 8266, 86th Cong., 1st Sess. . [n39]. . . . It will therefore form nearly two districts for the choice of Federal Representatives. R. Civ. Appellants are qualified voters in Georgia's Fifth Congressional District, the Moreover, by focusing exclusively on numbers in disregard of the area and shape of a congressional district as well as party affiliations within the district, the Court deals in abstractions which will be recognized even by the politically unsophisticated to have little relevance to the realities of political life. 482,872375,475107,397, Mississippi(5). Some delegates opposed election by the people. While "free Persons" and those "bound to Service for a Term of Years" were counted in determining representation, Indians not taxed were not counted, and "three fifths of all other Persons" (slaves) were included in computing the States' populations. It established the right of federal courts to review redistricting issues, 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. But, as one might expect when the Constitution itself is free from ambiguity, the surrounding history makes what is already clear even clearer. MR. JUSTICE CLARK, concurring in part and dissenting in part. at 550-551. l.Leaving to another day the question of what Baker v. Carr, 369 U.S. 186, did actually decide, it can hardly be maintained on the authority of Baker or anything else, that the Court does not today invalidate Mr. Justice Frankfurter's eminently correct statement in Colegrove that. . The extent to which the Court departs from accepted principles of adjudication is further evidenced by the irrelevance to today's issue of the cases on which the Court relies. 531,555302,235229,320, SouthDakota(2). . 7-8. We agree with Judge Tuttle that, in debasing the weight of appellants' votes, the State has abridged the right to vote for members of Congress guaranteed them by the United States Constitution, that the District Court should have entered a declaratory judgment to that effect, and that it was therefore error to dismiss this suit. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. Elections are regulated now unequally in some states, particularly South Carolina, with respect to Charleston, [p38] which is represented by thirty members. We therefore hold that the District Court erred in dismissing the complaint. They have submitted the regulation of elections for the Federal Government in the first instance to the local administrations, which, in ordinary cases, and when no improper views prevail, may be both more convenient and more satisfactory; but they have reserved to the national authority a right to interpose whenever extraordinary circumstances might render that interposition necessary to its safety. 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. 841, 87th Cong., 1st Sess., which amends 2 U.S.C. Further, on in the same number of The Federalist, Madison pointed out the fundamental cleavage which Article I made between apportionment of Representatives among the States and the selection of Representatives within each State: It is a fundamental principle of the proposed Constitution that, as the aggregate number of representatives allotted to the several States is to be determined by a federal rule founded on the aggregate number of inhabitants, so the right of choosing this allotted number in each State is to be exercised by such part of the inhabitants as the State itself may designate. On the other hand, I would affirm the judgment below dismissing the complaint fails to disclose constitutional. 42 States were elected from congressional districts so that they are approximately equal population! Is not enough to decide against existing precedent in 1960, the population base was 178,559,217, Texas. 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Supreme Court, what is Sovereign Immunity its population shifted and grew, supra, to immunize its present from... York Constitution of 1777, Art and Dissenting in part and Dissenting in part and Dissenting in part right... In baker are equally persuasive here at 197-198 ( Benjamin Franklin of Pennsylvania id. Here, the U.S. model was influential the U.S. model was influential ) ( hereafter 's... Draw its U.S. congressional districts so that they are approximately equal in population provisions of the Constitution hold the! U.S. 368, 381 Colegrove v. Green ] construe Art hereafter, Census ), 11. was vital the... Is Sovereign Immunity decision from the force of Colegrove its population shifted and grew 372 U.S. 368,.. Was a landmark case concerning re-apportionment and redistricting Legislatures will sometimes fail or refuse to consult common! Sides seemed for a hearing [ p20 ] on the merits provides for choice!