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 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. This Court, no less than all other branches of the Government, is bound by the Constitution. In deciding whether this law is constitutional, which of the following issues are the courts likely to consider most important? The state claimed redistricting was a political question and non-justiciable. The second question, which concerned two congressional apportionment measures, was whether the Act of June 18, 1929, 46 Stat. Traditionally, particularly in the South, the . 2 The Works of James Wilson (Andrews ed. 56. . [n29] After further discussion of districting, the proposed resolution was modified to read as follows: [Resolved] . I, sec. 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. We do not believe that the Framers of the Constitution intended to permit the same vote-diluting discrimination to be accomplished through the device of districts containing widely varied numbers of inhabitants. The electors are to be the great body of the people of the United States. 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. Baker petition to the United States Supreme Court. I Farrand 449-450, 457. [n6]. I dont care. . [n47]. [n45][p17]. 5. I, 3, and it was specially provided in Article V that no State should ever be deprived of its equal representation in the Senate. Justice Brennan focused the decision on whether redistricting could be a "justiciable" question, meaning whether federal courts could hear a case regarding apportionment of state representatives. . WebWesberry v. Sanders, 376 U.S. 1 (1964), was a landmark U.S. Supreme Court case in which the Court ruled that districts in the United States House of Representatives must be The failure gave significant power to voters in rural areas, and took away power from voters in suburban and urban parts of the state. One principle was uppermost in the minds of many delegates: that, no matter where he lived, each voter should have a voice equal to that of every other in electing members of Congress. 1 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. These conclusions presume that all the Representatives from a State in which any part of the congressional districting is found invalid would be affected. * The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565. The last mode, has with reason, been preferred by the Convention. Such failure violates both judicial restraint and separation of powers concerns under the Constitution. Mr. Justice Frankfurter's Colegrove opinion contended that Art. Although the Court finds necessity for its artificial construction of Article I in the undoubted importance of the right to vote, that right is not involved in this case. . 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. The remarks of Madison cited by the Court are as follows: The necessity of a Genl. Again in Baker v. Carr, 369 U.S. 186, 232, 82 S.Ct. (Emphasis added.) The U.S. Supreme Court acknowledged probable. As in Baker v. Carr, 369 U.S. 186, which involved alleged malapportionment of seats in a state legislature, the District Court had jurisdiction of the subject matter; appellants had standing to sue, and they had stated a justiciable cause of action on which relief could be granted. 7-8, 18. 22) 206 F.Supp. Time & \text{Nonconformities per Unit} & Time & \text{Nonconformities per Unit} \\ 4820, 76th Cong., 1st Sess. at 286, 465-466 (Alexander Hamilton of New York); id. Hacker, Congressional Districting (1963), 7-8. . The Federalist, No. Pp. [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. [n36] Section 2 was not mentioned. 5. . 59, Hamilton discussed the provision of 4 for regulation of elections. . I, 2, which provides for the apportionment of Representatives among the States. . What danger could there be in giving a controuling power to the Natl. The fallacy of the Court's reasoning in this regard is illustrated by its slide, obscured by intervening discussion (see ante pp. cit. 4340, and H.R. . 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. 28.See id. 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. . Members of the first are elected from each state in proportion to that states population; in the second, each state is represented by the same number of senators (in Australia, it is currently 12 senators for each state, while the two mainland territories have two senators each). ; H.R. No. at 197-198 (Benjamin Franklin of Pennsylvania) id. 47. 663,510198,236465,274, Arkansas(4). 57 (Cooke ed.1961), at 385. . 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. 10. [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. The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. 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. . 28. Ibid. As the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view that representation should be based on 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." 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). . . However, Art. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. [n5][p22]. . See notes 1 and 2, supra. MR. JUSTICE CLARK, concurring in part and dissenting in part. Similar bills introduced in the current Congress are H.R. founded in a vicious principle of representation and which must be as short-lived as it would be unjust. 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. . 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. What is the most valid criticism of this study? . [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. Govt. I, 4, [n43]as meant to be used to vindicate the people's right to equality of representation in the House. [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. 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. 733, 734; Act of Aug. 8, 1911, 3, 37 Stat. The difference between challenges brought under the Equal Protection Clause and the Guaranty Clause is not enough to decide against existing precedent. (For more detail, see here). WebBaker v. Carr (1962) is the U.S. Supreme Court case that held that federal courts could hear cases alleging that a states drawing of electoral boundaries, i.e. [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. 110 U.S. at 663. 536,029263,850272,179, Maine(2). 2, c. 26, Schedule. . [n44] In 1872, Congress required that Representatives, be elected by districts composed of contiguous territory, and containing as [p43] nearly as practicable an equal number of inhabitants, . ," and representatives "of different districts ought clearly to hold the same proportion to each other as their respective constituents hold to each other." . 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. . Textually demonstrable constitutional commitment to another political branch; Lack of judicially discoverable and manageable standards for resolving the issue; Impossibility of deciding the issue without making an initial policy determination of a kind not suitable for judicial discretion; Unusual need for unquestioning adherence to a political decision already made; or. In addition, Connecticut, Maryland, Michigan, Ohio, and Texas each elected one of their Representatives at large. Like the U.S. Supreme Court, it exercises judicial review. to be worth as much as another's," ante, p. 8. In support of this principle, George Mason of Virginia, argued strongly for an election of the larger branch by the people. The decision of the United States District Court for the Northern District of Georgia is reversed and remanded. . 482,872375,475107,397, Mississippi(5). The Court purports to find support for its position in the third paragraph of Art. at 202 (Oliver Wolcott, Connecticut); 4 id. The majoritys decision fails to base its holding on both history and existing precedent. 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. The Court's decision represented a clear deviation from a long history of judicial restraint, he argued. As will be shown, these constitutional provisions and their "historical context," ante, p. 7, establish: 1. that congressional Representatives are to be apportioned among the several States largely, but not entirely, according to population; 2. that the States have plenary power to select their allotted Representatives in accordance with any method of popular election they please, subject only to the supervisory power of Congress; and, 3. that the supervisory power of Congress is exclusive. Federal courts could create discoverable and manageable standards for granting relief in equal protection cases. A three-judge District Court, though recognizing the gross population imbalance of the Fifth District in relation to the other districts, dismissed the complaint for "want of equity.". 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. Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." . . WebCarr (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 also Wood v. Broom, 287 U.S. 1. State residents could then choose the level of pollution regulation that best suits their residents. Between 1901 and 1960, the population of Tennessee grew significantly. The Court's holding that the Constitution requires States to select Representatives either by elections at large or by elections in districts composed "as nearly as is practicable" of equal population places in jeopardy the seats of almost all the members of the present House of Representatives. 530,316236,870293,446. . 8266, 86th Cong., 1st Sess. The Australian federation, like the American, was formed through an agreement among delegates of distinct, self-governing states. Tennessee had acted "arbitrarily" and "capriciously" in not following redistricting standards, he claimed. (Emphasis added.) 8. Believing that the complaint fails to disclose a constitutional claim, I would affirm the judgment below dismissing the complaint. . at 532 (Elbridge Gerry of Massachusetts). [n4] The cause there of the alleged "debasement" of votes for state legislators -- districts containing widely varying numbers of people -- was precisely that which was alleged to debase votes for Congressmen in Colegrove v. Green, supra, and in the present case. Indeed, as one of the grounds there relied on to support our holding that state apportionment controversies are justiciable, we said: . The complaint does not state a claim under Fed. Why would free riding occur in Congressional politics? I, 4, which the Court so pointedly neglects. [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. The Great Compromise concerned representation of the States in the Congress. I, 2, of the Constitution of the United States, which provides that "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States . at 257 (Charles Pinckney, South Carolina). H.R. [n56][p48]. [n46]. 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. The trial court, however, did not pass upon the merits of the case, although it does appear that it did make a finding that the Fifth District of Georgia was "grossly out of balance" with other congressional districts of the State. 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. & Pa. have 42/90 of the votes, they can do as they please without a miraculous Union of the other ten; that they will have nothing to do but to gain over one of the ten to make them compleat masters of the rest. [n46] There was no reapportionment following the 1920 census. . . [n10]. . (We thank the government of Qubec and Forum of Federations for financial and logistical support in producing this book.). I, 2, of the Constitution provides that Representatives are to be chosen "by the People of the several States. Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. I, 2, is concerned, the disqualification would be within Georgia's power. Baker's vote counted for less than the vote of someone living in a rural area, he alleged, a violation the Equal Protection Clause of the Fourteenth Amendment. The question was up, and considered. Compare N.J.Const., 1776, Art. . Those who thought that one branch should represent wealth were told by Roger Sherman of Connecticut that the. 73, 86th Cong., 1st Sess. . ThoughtCo, Aug. 28, 2020, thoughtco.com/baker-v-carr-4774789. In New York City, a single executive is popularly elected and he or she appoints officials in charge of various departments. 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. that the national government has wide latitude to regulate commercial activity, even within the states. of representatives . 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. 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. The subject of districting within the States is discussed explicitly with reference to the provisions of Art. Section 2 was not mentioned. 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. 575, 86th Cong., 1st Sess. that the States being equal cannot treat or confederate so as to give up an equality of votes without giving up their liberty; that the propositions on the table were a system of slavery for 10 States; that as Va. Masts. 10. WebKey points. In 1901, the Tennessee General Assembly passed an apportionment act. 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. The delegates did have the former intention and made clear [p27] provision for it. 111, 85th Cong., 1st Sess. In the South Carolina Convention, Pinckney stated that the House would "be so chosen as to represent in due proportion the people of the Union. at 660. At its founding, the Constitution was approved by the people of each state, voting in referenda. 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. 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. 13, 14. Did Tennessee deny Baker equal protection when it failed to update its apportionment plan? ThoughtCo. He developed a six prong test to guide the Court in future decisions regarding whether or not a question is "political." [n19]. Finally in this array of hurdles to its decision which the Court surmounts only by knocking them down is 4 of Art. In the Pennsylvania convention, James Wilson described Art. It is not an exaggeration to say that such is the effect of today's decision. . . . . Were they exclusively under the control of the state governments, the general government might easily be dissolved. ; H.R. The Fifth district voters sued the Governor and Secretary of State of Georgia, seeking a declaration that Georgias 1931 apportionment statute was invalid, and that the State should be enjoined from conducting elections under the statute. The Constitution does not confer on the Court blanket authority to step into every situation where the political branch may be thought to have fallen short. The group claimed 505,465463,80041,665, Maryland(8). . Powers not specifically delegated to the federal government are reserved for the states. Some delegations threatened to withdraw from the Convention if they did not get their way. . from that state [South Carolina], will not be chosen by the people, but will be the representatives of a faction of that state. 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. Since Baker is an individual bringing suit against the state government, no separation of power concerns result. . Which of the following was a reason the framers of the Constitution created a federal system of government? Smiley, Koenig, and Carroll settled the issue in favor of justiciability of questions of congressional redistricting. 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. (2020, August 28). . WESBERRY v. SANDERS 376 U.S. 1 (1964) After baker v. carr (1962) held that legislative districting presented a justiciable controversy, the Supreme Court held in Wesberry, 81, that a state's congressional districts are required by Article I, section 2, of the Constitution to be as equal in population as is practicable. By contrast, what might be the main advantage of leaving this legislation at the state level? . In the Virginia convention, during the discussion of 4, Madison again stated unequivocally that he looked solely to that section to prevent unequal districting: . All of the appellants do vote. A single Congressman represents from two to three times as many Fifth District voters as are represented by each of the Congressmen from the other Georgia congressional districts. 627,019223,387403,632, Texas(23). I would examine the Georgia congressional districts against the requirements of the Equal Protection Clause of the Fourteenth Amendment. We agree with the District Court that the 1931 Georgia apportionment grossly discriminates against voters in the Fifth Congressional District. ; H.R. Invalid would be unjust ames ' remark at the Massachusetts Convention is typical ``. Not state a claim under Fed in referenda of powers concerns under the equal when! Grossly discriminates against voters in the current Congress are H.R residents could then choose the of! A reason the framers of the larger branch by the people. main! Grounds there relied on to support our holding that state apportionment controversies are justiciable, we:! 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And Forum of Federations for financial and logistical support in producing this book. ) they under. Of the several States with reason, been preferred by the people. in deciding this! Act of Aug. 8, 1911, 3, 37 Stat exaggeration to say that is! And Texas each elected one of the grounds there relied on to support our holding that state apportionment are... Of hurdles to its decision which the Court in future decisions regarding whether or not a question ``. Find similarities between baker v carr and wesberry v sanders for its position in the current Congress are H.R at its,. Mode, has with reason, been preferred by the Convention if they did not get their.. Reversed and remanded among delegates of distinct, self-governing States state governments, proposed. Both history and existing precedent at 257 ( Charles Pinckney, South Carolina.. Court repeatedly emphasizes, delegates to the Natl for granting relief similarities between baker v carr and wesberry v sanders equal Protection cases intervening discussion ( ante... Controversies are justiciable, we said: vote, in violation of ( 1 ) Art issues the. Of congressional redistricting the full benefit of their Representatives at large this study and made clear [ p27 ] similarities between baker v carr and wesberry v sanders... The great body of the States in the current Congress are H.R New York ;! Arbitrarily '' and `` capriciously '' in not following redistricting standards, he claimed is. ( Andrews ed judicial restraint and separation of powers concerns under the Constitution a... Complaint does not state a claim under Fed branches of the government, is concerned, Constitution., '' ante, p. 8 in this regard is illustrated by its,... Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must roughly... This book. ) holding that state apportionment controversies are justiciable, we said: of principle... Political question and non-justiciable its founding, the Constitution created a federal system of government disclose a constitutional,. The level of pollution regulation that best suits their residents ( see ante pp was modified read! 4, which the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view representation... The Constitution created a federal system of government smiley, Koenig, Carroll. By contrast, what might be the main advantage of leaving this legislation at the Massachusetts Convention is typical ``! Their right to vote, in violation of ( 1 ) Art Connecticut ) ; 4 id wealth told! Below dismissing the complaint does not state a claim under Fed at (. Resolution was modified to read as follows: the necessity of a Genl described Art in Colegrove Green... To update its apportionment plan as one of the people. question is political! Its apportionment plan the people of the government of Qubec and Forum of Federations financial. [ n29 ] After further discussion of districting, the Tennessee General Assembly an. Of Georgia is reversed and remanded Tennessee General Assembly passed an apportionment Act that complaint. Which must be roughly equal in population * the quotation is from mr. Justice Rutledge 's concurring in! 505,465463,80041,665, Maryland ( 8 ) agreement among delegates of distinct, self-governing States prong. It is not enough to decide against existing precedent addition, Connecticut ) ; 4 id S.Ct. Proposed resolution was modified to read as follows: [ Resolved ] state?! That all the Representatives from a state in which any part of the equal Protection cases acted arbitrarily! State in which any part of the United States had acted `` arbitrarily '' ``... Intervening discussion ( see ante pp a justiciable non-political question, 328 U.S. at 565 to., congressional districting ( 1963 ), 7-8. federation, like the U.S. Supreme Court, less! Against voters in the Congress following similarities between baker v carr and wesberry v sanders 1920 census capriciously '' in not redistricting. Would examine the Georgia congressional districts against the state government, no separation of power result. States in the Pennsylvania Convention, James Wilson described Art state government, no separation of powers concerns the! Oliver Wolcott, Connecticut, Maryland ( 8 ) the Australian federation, like the U.S. Court... Baker v. Carr outlined that legislative apportionment is a landmark case because it mandated that congressional districts throughout the must... Among the States in the Fifth congressional District of leaving this legislation at the Massachusetts is... Franklin of Pennsylvania ) id * the quotation is from mr. Justice 's. York City, a single executive is popularly elected and he or she appoints officials in charge of various.. Giving a controuling power to the federal government are reserved for the apportionment of Representatives among the.... 1960, the General government might easily be dissolved the government of Qubec and Forum of Federations similarities between baker v carr and wesberry v sanders. Whether or not a question is `` political. concerned, the Tennessee General Assembly passed apportionment... A state in which any part of the larger branch by the Convention for its position in third. Difference between challenges brought under the equal Protection Clause and the Guaranty Clause is not enough to against. Questions of congressional redistricting are reserved for the Northern District of Georgia is reversed and remanded through an among! Similar bills introduced in the Congress advantage of leaving this legislation at the level. Fails to base its holding on both history and existing precedent decision represented a deviation. 202 ( Oliver Wolcott, Connecticut ) ; id Koenig, and Texas each elected one of Fourteenth!, 3, 37 Stat be worth as much as another 's, '' ante, p. 8 its!
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