Following is the case brief for Wesberry v. Sanders, 376 U.S. 1 (1964). Which of the following is the best example of a national-level policy serving as a response to a collective-action dilemma among states? Which of the following programs is the best example of intergovernmentalism? 14-15, and hereafter makes plain. . 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. 4054. One would expect, at the very least, some reference to Art. . 7343, 88th Cong., 1st Sess. 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. cit. All that there is is a provision which bases representation in the House, generally but not entirely, on the population of the States. . Some delegates opposed election by the people. Baker v. Carr: Supreme Court Case, Arguments, Impact. . This court case was a very critical point in the legal fightfor the principle of One man, one vote. The districts are those used in the election of the current 88th Congress. (Emphasis added.) More recently, the Court has interpreted the corporations power (s. 51(xx)) as allowing the federal government to regulate any corporate activities, including contracts with employees, despite the deliberately limited federal power to regulate employment relations through industrial arbitration (s. 51 (xxxv)). See Thorpe, op. [n42] The requirement was later dropped, [n43] and reinstated. Much of Australias judicial doctrine in these areas was explicitly influenced by U.S. Supreme Court decisions. of the yearly value of forty shillings, and been rated and actually paid taxes to this State. . I, 3, and it was specially provided in Article V that no State should ever be deprived of its equal representation in the Senate. 522,813265,164257,649, Pennsylvania(27). . The Federalist, No. at 533. 18-19, are equally irrelevant. 3. Further, it goes beyond the province of the Court to decide this case. . [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. 2 & 3 & 7 & 3 \\ 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. WebThe case of Wesberry v. Sanders in 1964 was a landmark court decision that established the principle of 'one person, one vote' in districting for the House of Representatives. [n31]. The Court issued its ruling on February 17, 1964. . . Today, permanent parliamentary Boundary Commissions recommend periodic changes in the size of constituencies as population shifts. 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. This is all that the Constitution requires. [n19], To this end, he proposed a single legislative chamber in which each State, as in the Confederation, was to have an equal vote. [n17]. . 531,555302,235229,320, SouthDakota(2). . I, 4. 54, he discussed the inclusion of slaves in the basis of apportionment. 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. . As late as 1842, seven States still conducted congressional elections at large. 39. 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 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. 3, 1928, 69 Cong.Rec. 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. 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. Which of the following policies expanded federal power during the Progressive era (1896-1913)? . 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). That right is based in Art I, sec. 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. . The result was the Constitutional Convention of 1787, called for "the sole and express purpose of revising the Articles of Confederation. The Court's opinion not only fails to make such a demonstration, it is unsound logically on its face, and demonstrably unsound historically. . . How, then, can the Court hold that Art. . It will therefore form nearly two districts for the choice of Federal Representatives. The General Assembly is currently in session. . 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. [n22]. [p45]. a dramatic increase in cities' representation in Congress and the state legislatures. Disclaiming all reliance on other provisions of the Constitution, in particular, those of the Fourteenth Amendment on which the appellants relied below and in this Court, the Court holds that the provision in Art. from that state [South Carolina], will not be chosen by the people, but will be the representatives of a faction of that state. 497,669182,845314,824, Tennessee(9). [n55][p47]. Within this scheme, the appellants do not have the right which they assert, in the absence of provision for equal districts by the Georgia Legislature or the Congress. [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. Smiley v. Holm, 285 U.S. 355, Koenig v. Flynn, 285 U.S. 375, and Carroll v. Becker, 285 U.S. 380, concerned the choice of Representatives in the Federal Congress. 53. Following is the Case Brief for Baker v. Carr, United States Supreme Court, (1962). All of the appellants do vote. See ante, p. 17, and infra, pp. 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. See Baker v. Carr, 369 U.S. 186 (1962) 663,510198,236465,274, Arkansas(4). 841; 87th Cong., 1st Sess. I, 4, as placing "into the hands of the state legislatures" the power to regulate elections, but retaining for Congress "self-preserving power" to make regulations lest "the general government . 689,555318,942370,613, Florida(12). 2. What is the most valid criticism of this study? It was to be the grand depository of the democratic principle of the Govt. [n32] The Convention also overwhelmingly agreed to a resolution offered by Randolph to base future apportionment squarely on numbers and to delete any reference to wealth. 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 Federalist, No. 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." 5. At that hearing, the court should apply the standards laid down in Baker v. Carr, supra. The electors are to be the great body of the people of the United States. Many of the most important powers conferred on the federal legislature are essentially the same, or very similar, to those in the United States: taxation; trade and commerce with other countries and among the states; borrowing money; naturalization; bankruptcy; coinage; weights and measures; postal services; copyrights and patents; and defense. Is a mandate for health insurance sufficiently related to interstate commerce for Congress to enact a law on it? . 16.See, e.g., id. 5 & 4 & 10 & 0 . Can the Supreme Court rule on a case regarding apportionment? The Supreme Court granted certiorari. The apportionment statute thus contracts the value of some votes and expands that of others. Ex parte Yarbrough, 110 U.S. 651, was a habeas corpus proceeding, in which the Court sustained the validity of a conviction of a group of persons charged with violating federal statutes [n54] which made it a crime to conspire to deprive a citizen of his federal rights, and in particular the right to vote. The question was up, and considered. The Court purports to find support for its position in the third paragraph of Art. The above implications of the three-fifths compromise were recognized by Madison. Elianna Spitzer is a legal studies writer and a former Schuster Institute for Investigative Journalism research assistant. 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." 491,461277,861213,600, NorthDakota(2). . Thorpe, op. In urging the people to adopt the Constitution, Madison said in No. He justified Congress' power with the "plain proposition, that every[p41]government ought to contain, in itself, the means of its own preservation." [n5] After full consideration of Colegrove, the Court in Baker held (1) that the District Court had jurisdiction of the subject matter; (2) that the qualified Tennessee voters there had standing to sue; and [p6] (3) that the plaintiffs had stated a justiciable cause of action on which relief could be granted. 11725, 70th Cong., 1st Sess., introduced on Mar. (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.) . Mr. Justice Frankfurter did not, of course, speak for a majority of the Court in Colegrove, but refusal for that reason to give the opinion precedential effect does not justify refusal to give appropriate attention to the views there expressed. I therefore cannot agree with Brother HARLAN that the supervisory power granted to Congress under Art. . [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." 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. 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. 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. . of representatives . (Italics added.) 8266, 86th Cong., 1st Sess. [n26] The deadlock was finally broken when a majority of the States agreed to what has been called the Great Compromise, [n27] based on a proposal which had been repeatedly advanced by Roger [p13] Sherman and other delegates from Connecticut. 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. . 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. This provision reinforces the evident constitutional scheme of leaving to the Congress the protection of federal interests involved in the selection of members of the Congress. [n4] Thus, today's decision impugns the validity of the election of 398 Representatives from 37 States, leaving a "constitutional" House of 37 members now sitting. The Australian Constitution guarantees freedom of religion and prohibits any establishment of religion in terms very similar to the U.S. First Amendment. [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. Star Athletica, L.L.C. 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. 6-7. A challenge brought under the Equal Protection Clause to malapportionment of state legislatures is not a political question and is justiciable. The main reason for this is that Australians modeled their 1901 constitution on the American example. The likely explanation for the omission is suggested by a remark on the floor of the House that, the States ought to have their own way of making up their apportionment when they know the number of Congressmen they are going to have. But if they be regulated properly by the state legislatures, the congressional control will very probably never be exercised. There is dubious propriety in turning to the "historical context" of constitutional provisions which speak so consistently and plainly. If, on remand, the trial court is of the opinion that there is likelihood of the General Assembly's reapportioning the State in an appropriate manner, I believe that coercive relief should be deferred until after the General Assembly has had such an opportunity. I, 2, for election of Representatives "by the People" means that congressional districts are to be, "as nearly as is practicable," equal in population, ante, pp. The state claimed redistricting was a political question and non-justiciable. Gibbons[p7]v. Ogden, 9 Wheat. 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. Act of June 25, 1842, 2, 5 Stat. Cf. [n34], It would defeat the principle solemnly embodied in the Great Compromise -- equal representation in the House for equal numbers of people -- for us to hold that, within the States, legislatures may draw the lines of congressional districts in such a way as to give some voters a greater voice in choosing a Congressman than others. 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. [p24]. v. Varsity Brands, Inc. Trinity Lutheran Church of Columbia, Inc. v. Comer, A Tennessee resident brought suit against the Secretary of State claiming that the failure to redraw the legislative districts every ten years, as outlined in the state. 733, 734; Act of Aug. 8, 1911, 3, 37 Stat. 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 last mode, has with reason, been preferred by the Convention. . I, 4. . This [n53] None of them became law. . . [n47]. I, 2, was never mentioned. . Supra, p. 22. We therefore hold that the District Court erred in dismissing the complaint. Cook v. Fortson, 329 U.S. 675, 678. "[N]umbers," he said, not only are a suitable way to represent wealth, but, in any event, "are the only proper scale of representation." The Federalist, No. How to redraw districts was a "political" question rather than a judicial one, and should be up to state governments, the attorneys explained. 802,994177,431625,563, Minnesota(8). Some states might regulate the elections on the principles of equality, and others might regulate them otherwise. During the Revolutionary War, the rebelling colonies were loosely allied in the Continental Congress, a body with authority to do little more than pass resolutions and issue requests for men and supplies. . . 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 All districts have roughly equal populations within states. 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. His PhD took 53 years. . The majoritys three rulings should be no more than whether: In addition, the proper place for this trial is the trial court, not here. Gray v. Sanders, 372 U.S. 368. [n56][p48]. Both sides seemed for a time to be hopelessly obstinate. It is true that the opening sentence of Art. 585,586255,165330,421, NewYork(41). No. . . I, 2. 21, had repealed certain provisions of the Act of Aug. 8, 1911, 37 Stat. The Constitutional Convention of 1787, called for `` the sole and express purpose of revising the Articles Confederation..., introduced on Mar would expect, at the very least, some to. Seemed for a time to be the great body of the people to adopt the Constitution, Madison in. Art I, sec was a political question and non-justiciable Court purports to find support for its position in election... The complaint basis of apportionment those used in the election of the following programs is the case brief Baker... Australian Constitution guarantees freedom of religion and prohibits any establishment of religion in very! Thus contracts the value of forty shillings, and others might regulate otherwise! 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