A district court panel declined to hear the case, finding that it could not rule on "political" matters like redistricting and apportionment. . "Baker v. Carr: Supreme Court Case, Arguments, Impact." I, 4, is the exclusive remedy. [n6][p25]. . . The Court purports to find support for its position in the third paragraph of Art. ; H.R. See Luce, Legislative Principles (1930), 356-357. to be a precedent for dismissal based on the nonjusticiability of a political question involving the Congress as here, but we do deem it to be strong authority for dismissal for want of equity when the following factors here involved are considered on balance: a political question involving a coordinate branch of the federal government; a political question posing a delicate problem difficult of solution without depriving others of the right to vote by district, unless we are to redistrict for the state; relief may be forthcoming from a properly apportioned state legislature, and relief may be afforded by the Congress. Traditionally, particularly in the South, the II, 1. 536,029263,850272,179, Maine(2). . In No. 41.See, e.g., 2 The Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d Elliot ed. 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. 11. . Typical of recent proposed legislation is H.R. Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." 575, 86th Cong., 1st Sess. Finally in this array of hurdles to its decision which the Court surmounts only by knocking them down is 4 of Art. [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. 2, c. 26, Schedule. WebBaker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the equal protection clause of the Fourteenth Amendment, thus enabling federal courts to hear Fourteenth Amendment-based redistricting cases.The court summarized its Baker [n45][p17]. I, 2, of the Constitution provides that Representatives are to be chosen "by the People of the several States. . Act of June 25, 1842, 2, 5 Stat. It is in the light of such history that we must construe Art. 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). Which best describes Federalism as a political system? [n31]. . In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. The following data were collected on the number of nonconformities per unit for 10 time periods: TimeNonconformitiesperUnitTimeNonconformitiesperUnit176523733685439254100\begin{array}{cc|cc} That district, one of ten created by a 1931 Georgia statute, [n1] includes Fulton, DeKalb, and Rockdale Counties, and has a population, according to the 1960 census, of 823,680. See, e.g., the New York Constitution of 1777, 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. The reasons which led to these conclusions in Baker are equally persuasive here. [n12] When the Convention [p10] met in May, this modest purpose was soon abandoned for the greater challenge of creating a new and closer form of government than was possible under the Confederation. Not only can this right to vote not be denied outright, it cannot, consistently with Article I, be destroyed by alteration of ballots, see United States v. Classic, 313 U.S. 299, or diluted by stuffing of the ballot box, see United States v. Saylor, 322 U.S. 385. There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. [n24], In the New York convention, during the discussion of 4, Mr. Jones objected to congressional power to regulate elections because such power, might be so construed as to deprive the states of an essential right, which, in the true design of the Constitution, was to be reserved to them. The claim for judicial relief in this case strikes at one of the fundamental doctrines of our system of government, the separation of powers. 4368 (remarks of Mr. Rankin), 4369 (remarks of Mr. McLeod), 4371 (remarks of Mr. McLeod); 87 Cong.Rec. [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. Since no slave voted, the inclusion of three-fifths of their number in the basis of apportionment gave the favored States representation far in excess of their voting population. . 10. . 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. She has also worked at the Superior Court of San Francisco's ACCESS Center. . 8. Yet, despite similarities in judicial interpretation, important differences remain. 5-6. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. 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. 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. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two majority-minority districts. . 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 sharpest objection arose out of the fear on the part of small States like Delaware that, if population were to be the only basis of representation, the populous States like Virginia would elect a large enough number of representatives to wield overwhelming power in the National Government. Spitzer, Elianna. The purpose was to adjust to changes in the states population. Were they exclusively under the control of the state governments, the general government might easily be dissolved. http://landmarkcases.c-span.org/Case/10/Baker-V-Carrhttps://www.law.cornell.edu/supremecourt/text/369/186, http://landmarkcases.c-span.org/Case/10/Baker-V-Carr, https://www.law.cornell.edu/supremecourt/text/369/186. Which of the following is the best example of a national-level policy serving as a response to a collective-action dilemma among states? 1496. . MR. JUSTICE BLACK delivered the opinion of the Court. The cases of Baker v. Carr (1962) and Wesberry v. Sanders (1964) established that all electoral districts of state legislatures and the United States House of Representatives must be equal in size by population within state. 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. The history of the Constitution, particularly that part of it relating to the adoption of Art. .". 653,954195,551458,403, Connecticut(6). 12. Federal courts have heard challenges to the constitutionality of the Patient Protection and Affordable Care Act of 2010's mandate that all individuals have health insurance. 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. . The Court states: 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. ; H.R. Baker, like many other residents in urban areas of Tennessee, found himself in a situation where his vote counted for less due to a lack of representation, his attorneys argued. 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. 802,994177,431625,563, Minnesota(8). 45. 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. WebBaker V Carr. ." Id. It is true that the opening sentence of Art. At its founding, the Constitution was approved by the people of each state, voting in referenda. [n11] It would be extraordinary to suggest that, in such statewide elections, the votes of inhabitants of some parts of a State, for example, Georgia's thinly populated Ninth District, could be weighted at two or three times the value of the votes of people living in more populous parts of the State, for example, the Fifth District around Atlanta. 726,156236,288489,868, Oklahoma(6). that the population of the Fifth District is grossly out of balance with that of the other nine congressional districts of Georgia, and, in fact, so much so that the removal of DeKalb and Rockdale Counties from the District, leaving only Fulton with a population of 556,326, would leave it exceeding the average by slightly more than forty percent. . [n42] The requirement was later dropped, [n43] and reinstated. What was the significance of Baker v Carr 1961? It took only two years for 26 states to ratify new apportionment plans with respect to population counts. Once it is clear that there is no constitutional right at stake, that ends the case. The Federalist, No. 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. None of those cases has the slightest bearing on the present situation. 1128, H.R. Tennessee had undergone a population shift in which thousands of people flooded urban areas, abandoning the rural countryside. . 1081 (remarks of Mr. Moser). 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. 689,555318,942370,613, Florida(12). . [n46]. 5, 6; Act of Feb. 7, 1891, 3, 26 Stat. The principle decided in Marbury v. Madison has always been regarded as axiomatic in Australian constitutional law. . Is a mandate for health insurance sufficiently related to interstate commerce for Congress to enact a law on it? Women were not allowed to vote. 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. According to the National Bridge Inspection Standard (NBIS), public bridges over 20 feet in length must be inspected and rated every 2 years. . If youre looking for levity, look no further. The government of each of these cantons has a permanent legal status, and powers are divided between the canton governments and the national government. 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. [n12] In entire disregard of population, Art. discrimination. 2. He noted that the Rhode Island Legislature was "about adopting" a plan which would [p35] "deprive the towns of Newport and Providence of their weight." There is nothing to indicate any limitation whatsoever on this grant of plenary initial and supervisory power. 276, reversed and remanded. 54, he discussed the inclusion of slaves in the basis of apportionment. [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 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. 814, 85th Cong., 1st Sess. Comparing Australian and American federal jurisprudence. . One of the three judges on the panel dissented from the result. The current case is different than Luther v. Borden, 48 U.S. 1 (1849), because it is brought under the Equal Protection Clause and Luther challenged malapportionment under the Constitutions Guaranty Clause. It opened the door to numerous historic cases in which the Supreme Court tackled questions of voting equality and representation in government. . 691, 718, 7 L.Ed.2d 663 (1962), the opinion of the Court recognized that Smiley 'settled the issue in favor of justiciability of questions of congressional redistricting.' ; H.R. None of his remarks bears on apportionment within the States. . Despite the apparent fear that 4 would be abused, no one suggested that it could safely be deleted because 2 made it unnecessary. 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. 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. . . . The legislative history of the 1929 Act is carefully reviewed in Wood v. Broom, 287 U.S. 1. 552,863227,692325,171, Oregon(4). no serious inroads had yet been made upon the privileges of property, which, indeed, maintained in most states a second line of defense in the form of high personal property qualifications required for membership in the legislature. 1499 (remarks of Mr. Dickinson). 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." 57 (Cooke ed.1961), at 389. 5099, 76th Cong., 1st Sess. In both countries, the idea that certain powers were reserved to the states influenced the courts in their early days, only to be eclipsed by the view that each power conferred on the federal legislature is to be interpreted as widely as the language used can reasonably sustain, without considering what is left over to the states. VII, which restricted the vote to freeholders. . WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. . Instead of proceeding on the merits, the court dismissed the case for lack of equity. cit. Pp. There is a further basis for demonstrating the hollowness of the Court's assertion that Article I requires "one man's vote in a congressional election . redistricting, violates the 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. . 522,813265,164257,649, Pennsylvania(27). . [n20] A number of delegates supported this plan. These remarks of Madison were in response to a proposal to strike out the provision for congressional supervisory power over the regulation of elections in Art. See ante, p. 17, and infra, pp. at 583. * The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565. . 1896) 15. It established the right of federal courts to review redistricting issues, when just a few years earlier such matter werecategorized as political questions outside the jurisdiction of the courts. 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. possessing a freehold of the value of twenty pounds, . The NBIS rating scale ranges from 0 (poorest rating) to 9 (highest rating). . at 50-51 (Rufus King, Massachusetts); 3 id. 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." The qualifications on which the right of suffrage depend are not perhaps the same in any two States. William Samuel Johnson of Connecticut had summed it up well: "in one branch, the people ought to be represented; in the other, the States." Star Athletica, L.L.C. The U.S. Supreme Court acknowledged probable. Act of Feb. 25, 1882, 3, 22 Stat. 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. 553,154303,026250,128, RhodeIsland(2). Definition and Examples, The Original Jurisdiction of the US Supreme Court, What Is Sovereign Immunity? 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. . 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. Baker v. Carr (1962) was a landmark case concerning re-apportionment and redistricting. ; H.R. of the yearly value of forty shillings, and been rated and actually paid taxes to this State. \hline 1 & 7 & 6 & 5 \\ 54, discussed infra pp. University of Colorado engineers used a probabilistic model to forecast the inspection ratings of all major bridges in Denver (Journal of Performance of Constructed Facilities, February 2005). . 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. I, 2 and 4, the surrounding text, and the relevant history [p42] are all in strong and consistent direct contradiction of the Court's holding. In 1960, the population base was 178,559,217, and the number of Representatives was 435. Baker petition to the United States Supreme Court. . at 357. . And, considering the state governments and general government as distinct bodies, acting in different and independent capacities for the people, it was thought the particular regulations should be submitted to the former, and the general regulations to the latter. The passage from which the Court quotes, ante, p. 18, concludes with the following, overlooked by the Court: They [the electors] are to be the same who exercise the right in every State of electing the correspondent branch of the Legislature of the State. II Elliot's Debates on the Federal Constitution (2d ed. This is not a case in which the Court vindicates the kind of individual rights that are assured by the Due Process Clause of the Fourteenth Amendment, whose "vague contours," Rochin v. California, 342 U.S. 165, 170, of course, leave much room for constitutional developments necessitated by changing conditions in a dynamic society. "[N]umbers," he said, not only are a suitable way to represent wealth, but, in any event, "are the only proper scale of representation." 369 U.S. at 232. ," and representatives "of different districts ought clearly to hold the same proportion to each other as their respective constituents hold to each other." 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. Star Athletica, L.L.C. 71. [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. . Since Baker is an individual bringing suit against the state government, no separation of power concerns result. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. Baker 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 voters in each." . [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. 10. . 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. At another point in the debates, Representative Lozier stated that Congress lacked "power to determine in what manner the several States exercise their sovereign rights in selecting their Representatives in Congress. . Such failure violates both judicial restraint and separation of powers concerns under the Constitution. 37. I, 2, prevents the state legislatures from districting as they choose? 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. 162; Act of Nov. 15, 1941, 55 Stat. . . . [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. The Congressional Record reports that this statement was followed by applause. These were words of great latitude. As a result of this . 6. ; H.R. . The Equal Protection Clause of the Fourteenth Amendment does not suggest legislatures must intentionally structure their districts to reflect absolute equality of votes. The populations of the largest and smallest districts in each State and the difference between them are contained in an Appendix to this opinion. WebCarr and Wesberry v. Sanders have? I, 2, guarantees each of these States and every other State "at Least one Representative." 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. 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. CLARK, J., Concurring in Part, Dissenting in Part. [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. H.R. In the Pennsylvania convention, James Wilson described Art. "; (2) the Due Process, Equal Protection, and Privileges and Immunities Clauses of the Fourteenth Amendment, and (3) that part of Section 2 of the Fourteenth Amendment which provides that "Representatives shall be apportioned among the several States according to their respective numbers. ( Rufus King, Massachusetts ) ; 3 id rural countryside be chosen by the people of Court! People flooded urban areas, abandoning the rural countryside 5 \\ 54, infra... ] a number of Representatives was 435 http: //landmarkcases.c-span.org/Case/10/Baker-V-Carr, https //www.law.cornell.edu/supremecourt/text/369/186! Is from mr. JUSTICE Rutledge 's concurring opinion in Colegrove v. 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