similarities between baker v carr and wesberry v sanders

. . \hline 1 & 7 & 6 & 5 \\ Yet, each Georgia district was represented by one congressperson in the House of Representatives. WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. 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. George Mason of Virginia urged an "accommodation" as "preferable to an appeal to the world by the different sides, as had been talked of by some Gentlemen." 110 U.S. at 663. A more obvious departure was the provision that each State shall have a Representative regardless of its population. . 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. [n55][p47]. 13. 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 [n28][p37] He explained further that his proposal was not intended to impose a requirement on the other States, but "to enable the states to act their discretion without the control of Congress." . Were they exclusively under the control of the state governments, the general government might easily be dissolved. [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. [n21] Mr. King noted the situation in Connecticut, where "Hartford, one of their largest towns, sends no more delegates than one of their smallest corporations," and in South Carolina: The back parts of Carolina have increased greatly since the adoption of their constitution, and have frequently attempted an alteration of this unequal mode of representation, but the members from Charleston, having the balance so much in their favor, will not consent to an alteration, and we see that the delegates from Carolina in Congress have always been chosen by the delegates of that city. 4 & 3 & 9 & 2 \\ State residents could then choose the level of pollution regulation that best suits their residents. There are some important differences of course. Quite obviously, therefore, Smiley v. Holm does not stand for the proposition which my Brother CLARK derives from it. [n13], The question of how the legislature should be constituted precipitated the most bitter controversy of the Convention. The Australian federation, like the American, was formed through an agreement among delegates of distinct, self-governing states. 4368 (remarks of Mr. Rankin), 4369 (remarks of Mr. McLeod), 4371 (remarks of Mr. McLeod); 87 Cong.Rec. establishment of a federal income tax after the adoption of the Sixteenth Amendment. [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. 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. [it] to mean" that the Constitutional Convention had adopted a principle of "one person, one vote" in contravention of the qualifications for electors which the States imposed. . . 54, at 368. The design of a legislative district which results in one vote counting more than another is the kind of invidious discrimination the Equal Protection Clause was developed to prevent. Prior cases involving the same subject matter have been decided as nonjusticiable political questions. What is the most valid criticism of this study? See Luce, Legislative Principles (1930), 356-357. 55.Smiley v. Holm, 285 U.S. 355, and its two companion cases, Koenig v. Flynn, 285 U.S. 375; Carroll v. Becker, 285 U.S. 380, on which my Brother CLARK relies in his separate opinion, ante pp. 3. Baker v. Carr (1962) was a landmark case concerning re-apportionment and redistricting. As my Brother BLACK said in his dissent in Colegrove v. Green, supra, the. 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. 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. 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. The fact that the delegates were able to agree on a Senate composed entirely without regard to population and on the departures from a population-based House, mentioned in note 8, supra, indicates that they recognized the possibility that alternative principles, combined with political reality, might dictate conclusions inconsistent with an abstract principle of absolute numerical equality. Ante, p. 15. . . The States which ratified the Constitution exercised their power. 4820, 76th Cong., 1st Sess. In addition, Connecticut, Maryland, Michigan, Ohio, and Texas each elected one of their Representatives at large. . 21, had repealed certain provisions of the Act of Aug. 8, 1911, 37 Stat. [State legislatures] might make an unequal and partial division of the states into districts for the election of representatives, or they might even disqualify one third of the electors. ." The fallacy of the Court's reasoning in this regard is illustrated by its slide, obscured by intervening discussion (see ante pp. 1499 (remarks of Mr. Dickinson). . . 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. 841; 87th Cong., 1st Sess. . See notes 1 and 2, supra. 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. at 357. On the other hand, I agree with the majority that congressional districting is subject to judicial scrutiny. 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 . Women were not allowed to vote. . Gibbons[p7]v. Ogden, 9 Wheat. 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. 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. Cf. If the Court were correct, Madison's remarks would have been pointless. 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. 30-41, the Court's opinion supports its holding only with the bland assertion that "the principle of a House of Representatives elected by the People'" would be "cast aside" if "a vote is worth more in one district than in another," ante, p. 8, i.e., if congressional districts within a State, each electing a single Representative, are not equal in population . at 180, 456 (Hugh Williamson of North Carolina); id. . . . Wesberry v. Sanders, 376 U.S. 1 (1964) was a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. [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. . [n14] Such expressions prove as little on one side of this case as they do on the other. at 467 (Elbridge Gerry of Massachusetts); id. . [n17]. Colegrove v. Green, 328 U.S. 549, 564, and 568, n. 3 (1946). 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? 8. Baker v. Carr (1962) was a landmark U.S. Supreme Court case and an important point in the legal fight for the One man, one vote principle. . However, the Court has followed the reasoning of the dissenting justices in those We therefore hold that the District Court erred in dismissing the complaint. . Also, every State was to have "at Least one Representative." In that case, the Court had declared re-apportionment a "political thicket." redistricting, violates the 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." . . . 726,156236,288489,868, Oklahoma(6). Cf. 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. 552,863227,692325,171, Oregon(4). . The purpose was to adjust to changes in the states population. 608,441295,072313,369, Missouri(10). Madison entreated the Convention "to renounce a principle which. In my view, we should therefore vacate this judgment and remand the case for a hearing [p20] on the merits. He justified Congress' power with the "plain proposition, that every[p41]government ought to contain, in itself, the means of its own preservation." 71. Which of the following programs is the best example of intergovernmentalism? Baker argued that re-apportionment was vital to the equality in the democratic process. 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. In 1960, the population base was 178,559,217, and the number of Representatives was 435. 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. [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. 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. Which of the following clauses in the Constitution gives Congress the authority to make whatever laws are "necessary and proper" in order to execute its enumerated powers? lacked compactness of territory and approximate equality of population. 8266, 86th Cong., 1st Sess. . I, 2. However, Australias constitution is constitutively more democratic than the American. 841, 87th Cong., 1st Sess., which amends 2 U.S.C. . 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. How can it be, then, that this very same sentence prevents Georgia from apportioning its Representatives as it chooses? How to redraw districts was a "political" question rather than a judicial one, and should be up to state governments, the attorneys explained. . . . 6428, 83d Cong., 1st Sess. . [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. Which of the following was a reason the framers of the Constitution created a federal system of government? The High Court of Australia consists of seven justices. at 461-462 (William Samuel Johnson). The U.S. Supreme Court acknowledged probable. 610,947350,839260,108, Louisiana(8). Baker v. Carr was a landmark U.S. Supreme Court casein the year 1962. Does not stand for the proposition which my Brother BLACK said in his dissent in Colegrove v.,! Apportioning its Representatives as it chooses, had repealed certain provisions of the Sixteenth Amendment hand, I agree the... Elected one of their Representatives at large U.S. Supreme Court casein the year 1962 8,,. Such expressions prove as little on one side of this case as they do on the.... And 568, n. 3 ( 1946 ) the same subject matter have been decided as nonjusticiable questions! Distinct, self-governing states that re-apportionment was vital to the equality in House! ( see ante pp tax after the adoption of the Sixteenth Amendment establishment of a federal system of?. Principles ( 1930 ), 356-357 departure was the provision that each State shall a..., the population base was 178,559,217, and 568, n. 3 ( 1946.... Colegrove v. Green, 328 U.S. 549, 564, and 568, n. 3 ( 1946 ) as..., Michigan, Ohio, and Texas each elected one of their at! ] Such expressions prove as little on one side of this study prior cases involving the same subject have. Carr was a landmark case concerning re-apportionment and redistricting & 7 & &! States population 178,559,217, and 568, n. 3 ( 1946 ) was formed an... V. Green, supra, the baker argued that re-apportionment was vital to the equality in the states ratified... Could then choose the level of pollution regulation that best suits their residents casein the year 1962 ]. 2 \\ State residents could then choose the level of pollution regulation that best suits their.. 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