If, then, slaves were intended to be without representation, Article I did exactly what the Court now says it prohibited: it "weighted" the vote of voters in the slave States. 539,592373,583166,009, Kentucky(7). The five States are Iowa, Maine, New Hampshire, North Dakota, and Rhode Island. 36.Id. [n19]. . The complaint does not state a claim under Fed. Georgias Fifth congressional district had two to three times more voters compared to other Georgia districts. 6. 10. 2648, 82d Cong., 1st Sess. Writing legislation is difficult, and members will let other members do it. None of his remarks bears on apportionment within the States. ; H.R. Tennessee claimed that redistricting was a political question and could not be decided by the courts under the Constitution. Indeed, most of them interpreted democracy as mob rule, and assumed that equality of representation would permit the spokesmen for the common man to outvote the beleaguered deputies of the uncommon man. It is surely beyond debate that the Constitution did not require the slave States to apportion their Representatives according to the dispersion of slaves within their borders. Gray v. Sanders, 372 U.S. 368, 381. The other side of the compromise was that, as provided in Art. What was the decision in Baker v Carr quizlet? 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. there is no apparent judicial remedy or set of judicial standards for resolving the issue, a decision cannot be made without first making a policy determination that is not judicial in nature, the Court cannot undertake an "independent resolution" without "expressing lack of the respect due coordinate branches of government", there is an unusual need for not questioning a political decision that has already been made, "the potentiality of embarrassment" from multiple decisions being issued by various departments regarding one question. I, 2, of the Constitution, which, carrying out the ideas of Madison and those of like views, provides that Representatives shall be chosen "by the People of the several States," and shall be "apportioned among the several States . In New York City, a single executive is popularly elected and he or she appoints officials in charge of various departments. WebBaker V Carr. [n39]. . 276, reversed and remanded. The Equal Protection Clause of the Fourteenth Amendment does not suggest legislatures must intentionally structure their districts to reflect absolute equality of votes. However, in my view, Brother HARLAN has clearly demonstrated that both the historical background and language preclude a finding that Art. 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." . [n42], Speakers at the ratifying conventions emphasized that the House of Representatives was meant to be free of the malapportionment then existing in some of the state legislatures -- such as those of Connecticut, Rhode Island, and South Carolina -- and argued that the power given Congress in Art. Gibbons[p7]v. Ogden, 9 Wheat. 2836, H.R. The policy of referring the appointment of the House of Representatives to the people, and not to the Legislatures of the States, supposes that the result will be somewhat influenced by the mode, [sic] This view of the question seems to decide that the Legislatures of the States ought not to have the uncontrouled right of regulating the times places & manner of holding elections. . As the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view that representation should be based on population. The stability of this institution ultimately depends not only upon its being alert to keep the other branches of government within constitutional bounds, but equally upon recognition of the limitations on the Court's own functions in the constitutional system. . [n2], Notwithstanding these findings, a majority of the court dismissed the complaint, citing as their guide Mr. Justice Frankfurter's minority opinion in Colegrove v. Green, 328 U.S. 549, an opinion stating that challenges to apportionment [p4] of congressional districts raised only "political" questions, which were not justiciable. . of the yearly value of forty shillings, and been rated and actually paid taxes to this State. Which of the following laws gave the United States Department of Justice the power to oversee elections in southern states? 531,555302,235229,320, SouthDakota(2). . [n6]. I, 2. The NBIS rating scale ranges from 0 (poorest rating) to 9 (highest rating). Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth 2a to provide: (c) Each State entitled to more than one Representative in Congress under the apportionment provided in subsection (a) of this section, shall establish for each Representative a district composed of contiguous and compact territory, and the number of inhabitants contained within any district so established shall not vary more than 10 percentum from the number obtained by dividing the total population of such States, as established in the last decennial census, by the number of Representatives apportioned to such State under the provisions of subsection (a) of this section. 57 (Cooke ed.1961), at 389. I dont care. Some states might regulate the elections on the principles of equality, and others might regulate them otherwise. The qualifications on which the right of suffrage depend are not perhaps the same in any two States. Baker v. Carr was a landmark U.S. Supreme Court case in the year 1962. Laying aside for the moment the validity of such a consideration as a factor in constitutional interpretation, it becomes relevant to examine the history of congressional action under Art. Cf. . Moreover, by focusing exclusively on numbers in disregard of the area and shape of a congressional district as well as party affiliations within the district, the Court deals in abstractions which will be recognized even by the politically unsophisticated to have little relevance to the realities of political life. Believing that the complaint fails to disclose a constitutional claim, I would affirm the judgment below dismissing the complaint. Cf. The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. . I, 2, which provides for the apportionment of Representatives among the States. The House of Representatives, the Convention agreed, was to represent the people as individuals, and on a basis of complete equality for each voter. Both sides seemed for a time to be hopelessly obstinate. In the Pennsylvania convention, James Wilson described Art. . 2, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry, Christina Dejong, Christopher E. Smith, George F Cole, federalism (chapter four) multiple choice que. 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. This Court, no less than all other branches of the Government, is bound by the Constitution. . WebCarr (1962) and Wesberry v. Sanders (1964) established that the states were required to conduct redistricting in order to make that the districts had approximately equal populations. Sign up. WebREYNOLDS v. SIMS ABROAD: A BRITON COMPARES APPORTIONMENT CRITERIA VIVIAN VALE University of Southampton HE CASE of Baker v. Carr, and its progeny Wesberry v. Sanders to Rey-nolds v. Sims and beyond, seemed to have provided American political scientists and legal commentators with native pasture rich enough for many years' grazing. at 367 (James Madison, Virginia). Id. The Federalist, No. Soon after the Constitution was adopted, James Wilson of Pennsylvania, by then an Associate Justice of this Court, gave a series of lectures at Philadelphia in which, drawing on his experience as one of the most active members of the Constitutional Convention, he said: [A]ll elections ought to be equal. 70 Cong.Rec. [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. ; H.R. 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. [n5][p22]. The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. Federal courts could create discoverable and manageable standards for granting relief in equal protection cases. [n32] Responding [p39] to the suggestion that the Congress would favor the seacoast, he asserted that the courts would not uphold, nor the people obey, "laws inconsistent with the Constitution." "Baker v. Carr: Supreme Court Case, Arguments, Impact." Also, every State was to have "at Least one Representative." 54, at 368. 491,461277,861213,600, NorthDakota(2). This is all that the Constitution requires. . See Thorpe, op. . [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. [n19], To this end, he proposed a single legislative chamber in which each State, as in the Confederation, was to have an equal vote. On the apportionment of the state legislatures at the time of the Constitutional Convention, see Luce, Legislative Principles (1930), 331-364; Hacker, Congressional Districting (1963), 5. 13, 14. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members. . 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