In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. Which of the following was NOT a provision of the Fourteenth and Fifteenth Amendments? an aspect of government from which the judiciary, in view of what is involved, has been excluded by the clear intention of the Constitution. It is in the light of such history that we must construe Art. How, then, can the Court hold that Art. There is nothing to indicate any limitation whatsoever on this grant of plenary initial and supervisory power. 11. The cases of McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) established what legal precedent? . 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. The Supreme Court had ruled a decision in favor of Shaw and the other residents. Spitzer, Elianna. supra, 93-96. In some of the States, the difference is very material. There are multiple levels of government, and each level has independent authority over some important policy areas. In the ratifying conventions, there was no suggestion that the provisions of Art. The decision of the United States District Court for the Northern District of Georgia is reversed and remanded. at 437-438, 439-441, 444-445, 453-455 (Luther Martin of Maryland); id. ; H.R. 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. One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. . [n28] It provided, on the one hand, that each State, including little Delaware and Rhode Island, was to have two Senators. . 400,573274,194126,379, Nebraska(3). In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two majority-minority districts. I, 2, restricted the power of the States to prescribe the conduct of elections conferred on them by Art. Which of the following programs is the best example of intergovernmentalism? . equal protection clause of the Fourteenth Amendment forbids . 7343, 88th Cong., 1st Sess. 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. What form of city government is this? 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." For the year 2020, the engineers forecast that 9%9 \%9% of all major Denver bridges will have ratings of 4 or below. . 2648, 82d Cong., 1st Sess. [n20] A number of delegates supported this plan. of the yearly value of forty shillings, and been rated and actually paid taxes to this State. In addition, Connecticut, Maryland, Michigan, Ohio, and Texas each elected one of their Representatives at large. . Can the Supreme Court rule on a case regarding apportionment? [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. . Cf. . . The Supreme Court held that an equal protection challenge to malapportionment of state legislatures is not a political question because is fails to meet any of the six political question tests and is, therefore, justiciable. Suppose the citizens of a tri-city area need public transit to move across city lines. The debates in the ratifying conventions, as clearly as Madison's statement at the Philadelphia Convention, supra, pp. 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. [p33] Whenever the State Legislatures had a favorite measure to carry, they would take care so to mould their regulations as to favor the candidates they wished to succeed. Smiley v. Holm presented two questions: the first, answered in the negative, was whether the provision in Art. Other provisions of the Constitution would, of course, be relevant, but, so far as Art. Definition and Examples, The Original Jurisdiction of the US Supreme Court, What Is Sovereign Immunity? Section 5 of Article I, which provides that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members," also points away from the Court's conclusion. The issue in the case is whether or not the complaint sufficiently alleged a violation of a federal right to the extent a district court would have jurisdiction. WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. . 12. U.S. Bureau of the Census, Census of Population: 1960 (hereafter, Census), xiv. In a later separate opinion, he emphasized that his vote in Colergove had been based on the "particular circumstances" of that case. . Wilson urged that people must be represented as individuals, so that America would escape [p15] the evils of the English system, under which one man could send two members to Parliament to represent the borough of Old Sarum, while London's million people sent but four. [n41]. I Farrand, Records of the Federal Convention (1911) (hereafter Farrand), 48, 86-87, 134-136, 288-289, 299, 533, 534; II Farrand 202. Most importantly, the history of how the House of Representatives came into being demonstrates that the founders wanted to ensure that each person had an equal voice in the political process in the House of Representatives. WESBERRY v. SANDERS 376 U.S. 1 (1964) After baker v. carr (1962) held that legislative districting presented a justiciable controversy, the Supreme Court held in Wesberry, 81, that a state's congressional districts are required by Article I, section 2, of the Constitution to be as equal in population as is practicable. [n30]. 5. lacked compactness of territory and approximate equality of population. The district court dismissed the complaint for non-justiciability and want 841; 87th Cong., 1st Sess. [n41][p16] Charles Cotesworth Pinckney told the South Carolina Convention, the House of Representatives will be elected immediately by the people, and represent them and their personal rights individually. . 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. Baker petitioned to the Supreme Court of the United States. The five States are Iowa, Maine, New Hampshire, North Dakota, and Rhode Island. Compare N.J.Const., 1776, Art. 12(b)(6). Star Athletica, L.L.C. The delegates were well aware of the problem of "rotten boroughs," as material cited by the Court, ante pp. 536,029263,850272,179, Maine(2). 57, Madison merely stated his assumption that Philadelphia's population would entitle it to two Representatives in answering the argument that congressional constituencies would be too large for good government. 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. Section 5. 1. . 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. WebBaker v. Carr, supra, considered a challenge to a 1901 Tennessee statute providing for apportionment of State Representatives and Senators under the State's constitution, which called for apportionment among counties or districts 'according to the number of qualified electors in each.' [n46]. 14-15, and hereafter makes plain. I, 2, of the Constitution provides that Representatives are to be chosen "by the People of the several States. In every State, a certain proportion of inhabitants are deprived of this right by the Constitution of the State, who will be included in the census by which the Federal Constitution apportions the representatives. 374 U.S. 802. Again in Baker v. Carr, 369 U.S. 186, 232, 82 S.Ct. . ." The upshot of all this is that the language of Art. . Legislature, as it was presumable that the Counties having the power in the former case would secure it to themselves in the latter. at 322, 446-449, 486, 527-528 (James Madison of Virginia); id. at 257 (Charles Pinckney, South Carolina). Tennessee had acted "arbitrarily" and "capriciously" in not following redistricting standards, he claimed. See notes 1 and 2, supra. . The state claimed redistricting was a political question and non-justiciable. Neither of the numbers of The Federalist from which the Court quotes, ante, pp. 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. Potential for embarrassment for differing pronouncements of the issue by different branches of government. It is whimsical to assert in the face of this guarantee that an absolute principle of "equal representation in the House for equal numbers of people" is "solemnly embodied" in Article I. The case was heard by a three-judge District Court, which found unanimously, from facts not disputed, that: It is clear by any standard . 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. 287 U.S. at 7. . The statute required Tennessee to update its apportionment of senators and representatives every ten years, based on population recorded by the federal census. [n22]. Like the members of an ancient Greek league, each State, without regard to size or population, was given only one vote in that house. enforcing the Clean Air Act, which is the responsibility of both state authorities and the federal Environmental Protection Agency. . The truth is that it does not. a group of citizens proposes a law banning gay marriage in a state, which the public then votes on in an election. Ante, p. 15. MR. JUSTICE CLARK, concurring in part and dissenting in part. 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. . . 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. It was to be the grand depository of the democratic principle of the Govt. 2 & 3 & 7 & 3 \\ The High Court of Australia consists of seven justices. 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. . There were also, however, many statements favoring limited monarchy and property qualifications for suffrage and expressions of disapproval for unrestricted democracy. In urging the people to adopt the Constitution, Madison said in No. . . . . I, 2. 46. These were words of great latitude. At the time of the Revolution. What danger could there be in giving a controuling power to the Natl. Even that is not strictly true unless the word "solely" is deleted. In No. 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. . [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. 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. References to Old Sarum (ante, p. 15), for example, occurred during the debate on the method of apportionment of Representatives among the States. at 193, 342-343 (Roger Sherman); id. [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. "Baker v. Carr: Supreme Court Case, Arguments, Impact." Act of Apr. 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. (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.) ; H.R. See Luce, Legislative Principles (1930), 356-357. The "three-fifths compromise" was a departure from the principle of representation according to the number of inhabitants of a State. I would examine the Georgia congressional districts against the requirements of the Equal Protection Clause of the Fourteenth Amendment. 16. Which term best describes Switzerland's form of government? . 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. May the State consider factors such as area or natural boundaries (rivers, mountain ranges) which are plainly relevant to the practicability of effective representation? . 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. . The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. 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