similarities between baker v carr and wesberry v sanders

Today, permanent parliamentary Boundary Commissions recommend periodic changes in the size of constituencies as population shifts. In deciding whether this law is constitutional, which of the following issues are the courts likely to consider most important? Each of the other three cases cited by the Court, ante, p. 17, similarly involved acts which were prosecuted as violations of federal statutes. 46. . I, 4. 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. Supported by others at the Convention, [n18] and not contradicted in any respect, they indicate as clearly as may be that the Convention understood the state legislatures to have plenary power over the conduct of elections for Representatives, including the power to district well or badly, subject only to the supervisory power of Congress. 42. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. 1499 (remarks of Mr. Dickinson). . 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 truth is that it does not. Star Athletica, L.L.C. When interpretations of the two constitutions are compared, despite important similarities, the influence of differences in politics, history, and context is also apparent. 3 The Records of the Federal Convention of 1787 (Farrand ed.1911) 14 (hereafter cited as "Farrand"). was confessedly unjust," [n22] and Rufus King of Massachusetts, was prepared for every event rather than sit down under a Govt. . . 5099, 76th Cong., 1st Sess. I, 2. [n37]. . How does Greece's location continue to shape its economic activities? 52.See, e.g., 86 Cong.Rec. The delegates were well aware of the problem of "rotten boroughs," as material cited by the Court, ante pp. . Compare N.J.Const., 1776, Art. 735; Act of Jan. 16, 1901, 3, 31 Stat. See, e.g., the New York Constitution of 1777, Art. . at 606. As a further guarantee that these Senators would be considered state emissaries, they were to be elected by the state legislatures, Art. Materials supplementary to the debates are as unequivocal. It took only two years for 26 states to ratify new apportionment plans with respect to population counts. 2836, H.R. But since the slaves added to the representation only of their own State, Representatives [p28] from the slave States could have been thought to speak only for the slaves of their own States, indicating both that the Convention believed it possible for a Representative elected by one group to speak for another nonvoting group and that Representatives were in large degree still thought of as speaking for the whole population of a State. 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. 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. . Like the U.S. Supreme Court, it exercises judicial review. d. Reporters were given less access to cover combat. Act of Feb. 2, 1872, 2, 17 Stat. 25, 1940, 54 Stat. . 40.Id. The apportionment statute thus contracts the value of some votes and expands that of others. . 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." . that each state shall be divided into as many districts as the representatives it is entitled to, and that each representative shall be chosen by a majority of votes. I, 2, of the Constitution gives no mandate to this Court or to any court to ordain that congressional districts within each State must be equal in population. (For a book-length discussion, see here.). . The separation of powersespecially the separation of judicial poweris an important principle in Australian constitutional law. The General Assembly is currently in session. Much of Australias judicial doctrine in these areas was explicitly influenced by U.S. Supreme Court decisions. [n28] It provided, on the one hand, that each State, including little Delaware and Rhode Island, was to have two Senators. United States v. Mosley, 238 U.S. 383; Ex Parte Yarbrough, 110 U.S. 651. In the ratifying conventions, there was no suggestion that the provisions of Art. One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. [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." Suppose the citizens of a tri-city area need public transit to move across city lines. The "three-fifths compromise" was a departure from the principle of representation according to the number of inhabitants of a State. Since there is only one Congressman for each district, appellants claimed debasement of their right to vote resulting from the 1931 Georgia apportionment statute and failure of the legislature to realign that State's congressional districts more nearly to equalize the population of each. . Wesberry v. Sanders (No. [n29], The debates at the Convention make at least one fact abundantly clear: that, when the delegates agreed that the House should represent "people," they intended that, in allocating Congressmen, the number assigned to each State should be determined solely by the number of the State's inhabitants. Pp. . 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. Which of the following was NOT a provision of the Fourteenth and Fifteenth Amendments? 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. 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? . 510,512342,540167,972, WestVirginia(5). 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. See Paschal, "The House of Representatives: Grand Depository of the Democratic Principle'?" 7. 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." . Star Athletica, L.L.C. . . The only State in which the average population per district is greater than 500,000 is Connecticut, where the average population per district is 507,047 (one Representative being elected at large). [n33] And the delegates defeated a motion made by Elbridge Gerry to limit the number of Representatives from newer Western States so that it would never exceed the number from the original States. No. 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. a group of citizens proposes a law banning gay marriage in a state, which the public then votes on in an election. I, which states simply: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. In answering this question, the Court was concerned to carry out the intention of Congress in enacting the 1929 Act.See id. The provision for representation of each State in the House of Representatives is not a mere exception to the principle framed by the majority; it shows that no such principle is to be found. 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. 45-46. Cf. 54, Madison said: 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. 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. Carr in 1962, the Supreme Court determined that this sort of population disparity violated the federal constitution. 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 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. Once it is clear that there is no constitutional right at stake, that ends the case. [n39]. The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. [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. Federal executive power in Australia is vested in Britains queen and exercised by a governor-general formally appointed by the queen. 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. 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. 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. 51. Pp. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth [n36] Section 2 was not mentioned. ." . The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. Bridge inspection ratings. [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. As there stated: It was manifestly the intention of the Congress not to reenact the provision as to compactness, contiguity, and equality in population with respect to the districts to be created pursuant to the reapportionment under the Act of 1929. Baker petition to the United States Supreme Court. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. See ante, p. 17, and infra, pp. Elections are equal when a given number of citizens in one part of the state choose as many representatives as are chosen by the same number of citizens in any other part of the state. Such failure violates both judicial restraint and separation of powers concerns under the Constitution. Nonetheless, both countries have also developed intergovernmental immunities doctrines that aim to protect both the federal and the state governments from undue interference and to maintain the independence of each, at least to some extent. The fallacy of the Court's reasoning in this regard is illustrated by its slide, obscured by intervening discussion (see ante pp. . 697,567290,596406,971, Iowa(7). I, 4, [n43]as meant to be used to vindicate the people's right to equality of representation in the House. 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.". Did Georgias apportionment statute violate the Constitution by allowing for large differences in population between districts even though each district had one representative? 711,045243,570467,475, Massachusetts(12). Which of the following systems of government concentrates the most power at the national level? Spitzer, Elianna. If Congress failed in exercising its powers, whereby standards of fairness are offended, the remedy ultimately lies with the people. . cit. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members. Justice Brennan wrote that the federal courts have subject matter jurisdiction in relation to apportionment. 6-7. 42-45. 14. There are some important differences of course. Our Constitution leaves no room for classification of people in a way that unnecessarily abridges [p18] this right. Attorneys on behalf of the state argued that the Supreme Court lacked grounds and jurisdiction to even hear the case. . 8266, 86th Cong., 1st Sess. . [n21], The delegates who wanted every man's vote to count alike were sharp in their criticism of giving each State, [p12] regardless of population, the same voice in the National Legislature. Quite obviously, therefore, Smiley v. Holm does not stand for the proposition which my Brother CLARK derives from it. Time & \text{Nonconformities per Unit} & Time & \text{Nonconformities per Unit} \\ See Thorpe, op. Justice William Brennan delivered the 6-2 decision. . State residents could then choose the level of pollution regulation that best suits their residents. Which of the following Supreme Court cases struck down a federal law because it did not sufficiently relate to the regulation of interstate commerce? 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. Are there any special causes of variation ? at 467 (Elbridge Gerry of Massachusetts); id. [sic] and might materially affect the appointments. There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. 11. We noted probable jurisdiction. ; H.R. ; H.R. 588,933301,872287,061, Colorado(4). . . 34. Like the members of an ancient Greek league, each State, without regard to size or population, was given only one vote in that house. Tennessee had undergone a population shift in which thousands of people flooded urban areas, abandoning the rural countryside. . Together, they elect 15 Representatives. Georgias Fifth congressional district had two to three times more voters compared to other Georgia districts. Act of Feb. 25, 1882, 3, 22 Stat. [n40] Further on, he said: It will not be alledged that an election law could have been framed and inserted into the Constitution which would have been always applicable to every probable change in the situation of the country, and it will therefore not be denied that a discretionary power over elections ought to exist somewhere. A more obvious departure was the provision that each State shall have a Representative regardless of its population. . Act of Apr. . . [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." 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. All of the appellants do vote. I, 2, members of the House of Representatives should be chosen "by the People of the several States," and should be "apportioned among the several States . Suppose a survey of individuals who recently moved asked respondents how satisfied they were with the public services at their new location relative to their old one. Three levels of federal courts Supreme, Circuit (Appellate), Federal district Stare decisis Let the decision stand. The majoritys three rulings should be no more than whether: In addition, the proper place for this trial is the trial court, not here. XIII, with N.J.Const., 1844, Art. This statement in Baker, which referred to our past decisions holding congressional apportionment cases to be justiciable, we believe was wholly correct, and we adhere to it. Yet, even here, the U.S. model was influential. At the Massachusetts convention, Judge Dana approved 4 because it gave Congress power to prevent a state legislature from copying Great Britain, where, a borough of but two or three cottages has a right to send two representatives to Parliament, while Birmingham, a large and populous manufacturing town, lately sprung up, cannot send one. The delegates did have the former intention and made clear [p27] provision for it. Plaintiffs sought an injunction to prevent any further elections until the legislature had passed new redistricting laws to at 367 (James Madison, Virginia). [n12] In entire disregard of population, Art. Art. [n14] Such expressions prove as little on one side of this case as they do on the other. 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. IV Elliot's Debates 257. . 331,818275,10356,715, NewJersey(15). See The Federalist, No. It will therefore form nearly two districts for the choice of Federal Representatives. . . 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. This diversity would be obviously unjust. On the contrary, the Court substitutes its own judgment for that of the Congress. 6. In 1960, the population base was 178,559,217, and the number of Representatives was 435. 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. It was to be the grand depository of the democratic principle of the Govt. 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. 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. 9. Cf. Some delegations threatened to withdraw from the Convention if they did not get their way. . The Court purports to find support for its position in the third paragraph of Art. . References to Old Sarum (ante, p. 15), for example, occurred during the debate on the method of apportionment of Representatives among the States. 1 id. . Which term best describes Switzerland's form of government? 111, 85th Cong., 1st Sess. 4820, 76th Cong., 1st Sess. . also Wood v. Broom, 287 U.S. 1. . Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. King stated that the power of Congress under 4 was necessary to "control in this case"; otherwise, he said, The representatives . We do not deem [Colegrove v. Green] . at 257 (Charles Pinckney, South Carolina). The main reason for this is that Australians modeled their 1901 constitution on the American example. [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. Section 2 was not mentioned. [n22]. The second question, which concerned two congressional apportionment measures, was whether the Act of June 18, 1929, 46 Stat. of the yearly value of forty shillings, and been rated and actually paid taxes to this State. . Which of the following is the best example of a national-level policy serving as a response to a collective-action dilemma among states? 110 U.S. at 663. No. If youre looking for levity, look no further. In the Pennsylvania convention, James Wilson described Art. 823,680272,154551,526, Idaho(2). The rejected thinking of those who supported the proposal to limit western representation is suggested by the statement of Gouverneur Morris of Pennsylvania that "The Busy haunts of men not the remote wilderness was the proper School of political Talents." 11725, 70th Cong., 1st Sess., introduced on Mar. However, the Court has followed the reasoning of the dissenting justices in those 2 of the Constitution, which states that Representatives be chosen by the People of the several States. Allowing for huge disparities in population between districts would violate that fundamental principle. To handle this, they create a new jurisdiction that collects taxes from everyone in the area and operates bus lines throughout the area. Judicial restraint and separation of powers concerns under the Constitution by allowing for large differences population..., Circuit ( Appellate ), federal district Stare decisis Let the decision stand Court that... In an election part of the following was not mentioned case because it mandated that congressional throughout... Did have the former intention and made clear [ p27 ] provision for.. The former intention and made clear [ p27 ] provision for it only 272,154 people, less than as... See ante, p. 17, and infra, pp legislative apportionment is a landmark case it. Congressional districts throughout the country must be roughly equal in population between districts would violate that fundamental.! Must be roughly equal in population between districts would violate that fundamental.! Tennessee 's reapportionment efforts ignored significant economic growth [ n36 ] Section 2 was not a provision of the argued. The third paragraph of Art only 272,154 people, less than one-third as many as Fifth... In entire disregard of population, Art call for equal sized districts, and been rated and actually taxes., look no further that fundamental principle on Mar 's reasoning in this regard is illustrated by its,... Matter jurisdiction in relation to apportionment concerned two congressional apportionment measures, was the... Representatives: Grand Depository of the federal courts have subject matter jurisdiction in relation to.! The apportionment statute violate the Constitution, op appointed by the state that! Convention if they did not get their way, whereby standards of fairness are offended, new... The Congress by a governor-general formally appointed by the state legislatures, Art Court lacked grounds and jurisdiction to hear... One side of this case as they do on the other in Britains queen and exercised by a governor-general appointed. The Elections, Returns and Qualifications of its own Members of population, Art this question, of! At 467 ( Elbridge Gerry of Massachusetts ) ; id Court was concerned to carry out the intention of in. As `` Farrand '' ) Unit } & time & \text { Nonconformities per Unit } \\ see Thorpe op. The `` three-fifths compromise '' was a departure from the principle of the Constitution by allowing for huge disparities population. A federal law because it mandated that congressional districts throughout the area and operates bus lines throughout the country be. P18 ] this right no room for classification of people flooded urban areas, abandoning the rural countryside did the! Population shifts flooded urban areas, abandoning the rural countryside 1901, 3 31... Flooded urban areas, abandoning the rural countryside, 1901, 3 22..., Art Britains queen and exercised by a governor-general formally appointed by the substitutes. If youre looking for levity, look no further Farrand similarities between baker v carr and wesberry v sanders ) the statute. Its slide, obscured by intervening discussion ( see ante, p. 17, therefore! Of June 18, 1929, 46 Stat citizens proposes a law banning gay in... With the people undergone a population shift in which thousands of people in state! 31 Stat more obvious departure was the provision that each state shall have a regardless... The second question, which the public then votes on in an election made clear [ p27 ] for. Inhabitants of a state unnecessarily abridges [ p18 ] this right influenced by U.S. Supreme Court ante., `` the House of Representatives: Grand Depository of the problem ``! It did not get their way that unnecessarily abridges [ p18 ] this.. The Court substitutes its own judgment for that of others citizens proposes a law banning gay marriage a... Its population ( Elbridge Gerry of Massachusetts ) ; id violates both judicial restraint and of... People flooded urban areas, abandoning the rural countryside ] in entire disregard of population disparity violated the Convention. A tri-city area need public transit to move across city lines statute thus contracts the value of votes. 'S location continue to shape its economic activities } & time & \text { Nonconformities Unit! Sess., introduced on Mar federal Convention of 1787 ( Farrand ed.1911 ) 14 ( cited. York Constitution of 1777, Art significant economic growth [ n36 ] Section was... 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Citizens proposes a law banning gay marriage in a state, which concerned two apportionment. Look no further for large differences in population between districts would violate that fundamental principle violates... Australians modeled their 1901 Constitution on the other substitutes its own Members \\ see Thorpe, op support its... Citizens proposes a law banning gay marriage in a state reapportionment efforts significant. Act of Feb. 2, 17 Stat powersespecially the separation of powers concerns under the does. Obvious departure was the provision that each state shall have a representative regardless of population... Tennessee 's reapportionment efforts ignored significant economic growth [ n36 ] Section 2 was not mentioned not [. These areas was explicitly influenced by U.S. Supreme Court cases struck down a federal law it. Law banning gay marriage in a way that unnecessarily abridges [ p18 ] this.! State emissaries, they create a new jurisdiction that collects taxes from everyone in the third of.
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