similarities between baker v carr and wesberry v sanders

One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. In all of the discussion surrounding the basis of representation of the House and all of the discussion whether Representatives should be elected by the legislatures or the people of the States, there is nothing which suggests [p32] even remotely that the delegates had in mind the problem of districting within a State. [n47]. 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. . If the Federal Constitution intends that, when qualified voters elect members of Congress, each vote be given as much weight as any other vote, then this statute cannot stand. . 2, c. 26, Schedule. . 653,954195,551458,403, Connecticut(6). 802,994177,431625,563, Minnesota(8). This court case was a very critical point in the legal fightfor the principle of One man, one vote. 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. 110 U.S. at 663. [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. State residents could then choose the level of pollution regulation that best suits their residents. The Court's decision represented a clear deviation from a long history of judicial restraint, he argued. The difference between the largest and smallest districts in Connecticut is, however, 370,613. . . 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. Webviews 1,544,492 updated. The last mode, has with reason, been preferred by the Convention. 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. [n32] The Convention also overwhelmingly agreed to a resolution offered by Randolph to base future apportionment squarely on numbers and to delete any reference to wealth. The other side of the compromise was that, as provided in Art. 45. . 608,441295,072313,369, Missouri(10). [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." . We do not deem [Colegrove v. Green] . WebWesberry sought to invalidate the apportionment statute and enjoin defendants, the Governor and Secretary of State, from conducting elections under it. The promise of judicial intervention in matters of this sort cannot but encourage popular inertia in efforts for political reform through the political process, with the inevitable result that the process is itself weakened. 689,555318,942370,613, Florida(12). 28.See id. ; H.R. Subsequently, after giving express attention to the problem, Congress eliminated that requirement, with the intention of permitting the States to find their own solutions. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth . lie prostrate at the mercy of the legislatures of the several states." 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. I, 4. . [n25], He proposed a resolution explaining that Congress had such power only if a state legislature neglected or refused or was unable to regulate elections itself. 841, 87th Cong., 1st Sess., which amends 2 U.S.C. founded in a vicious principle of representation and which must be as short-lived as it would be unjust. c. Reporters were given greater access to the enemy. Legislature? The High Court of Australia consists of seven justices. Unfortunately I can join neither the opinion of the Court nor the dissent of my Brother HARLAN. [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. 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. 40.Id. I], not only as those powers were necessary for preserving the union, but also for securing to the people their equal rights of election. 3 & 6 & 8 & 5 \\ Id. Why would free riding occur in Congressional politics? The purpose was to adjust to changes in the states 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." What was the significance of Baker v Carr 1961? [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." . . 442,406353,15689,250, Kansas(5). Although there is little discussion of the reasons for omitting the requirement of equally populated districts, the fact that such a provision was included in the bill as it was presented to the House, [n49] and was deleted by the House after debate and notice of intention to do so, [n50][p44] leaves no doubt that the omission was deliberate. Much of Australias judicial doctrine in these areas was explicitly influenced by U.S. Supreme Court decisions. 7-8, 18. 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 \end{array} 57 (Cooke ed.1961), at 389. Justice Felix Frankfurter dissented, joined by Justice John Marshall Harlan. But, as one might expect when the Constitution itself is free from ambiguity, the surrounding history makes what is already clear even clearer. Chief Justice Earl Warren called Baker v. Carr the most important case of his tenure on the Supreme Court. . Id. 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. Typical of recent proposed legislation is H.R. . 13. 6, c. 66, Second Schedule, and of 1958, 6 & 7 Eliz. (d) Any Representative elected to the Congress from a district which does not conform to the requirements set forth in subsection (c) of this section shall be denied his seat in the House of Representatives and the Clerk of the House shall refuse his credentials. . . . We hold that, construed in its historical context, the command of Art. The right to vote is too important in our free society to be stripped of judicial protection by such an interpretation of Article I. [n53] None of them became law. 575,385332,844242,541, California(38). 841; 87th Cong., 1st Sess. at 286, 465-466 (Alexander Hamilton of New York); id. The Federalist, No. 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 However, Australias constitution is constitutively more democratic than the American. This insistence on the equality of the states, combined with a desire to create a federal government that would represent the people of the federation as a whole, meant that in both countries the federal legislature consists of a House of Representatives and a Senate. [n31]. There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. Baker v. Carr: Supreme Court Case, Arguments, Impact. https://www.thoughtco.com/baker-v-carr-4774789 (accessed March 1, 2023). 553,154303,026250,128, RhodeIsland(2). No. Id. It is in the light of such history that we must construe Art. . 13-14), from the intention of the delegates at the Philadelphia Convention "that, in allocating Congressmen, the number assigned to each State should be determined solely by the number of the State's inhabitants," ante, p. 13, to a "principle solemnly embodied in the Great Compromise -- equal representation in the House for equal numbers of people," ante, p. 14. 11. Pp. . As the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view that representation should be based on population. This court case was a very critical point in the legal fight for the principle of One man, one . 660,345237,235423,110, Georgia(10). . 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. Which of the following is the best example of a national-level policy serving as a response to a collective-action dilemma among states? Should the people of any state by any means be deprived of the right of suffrage, it was judged proper that it should be remedied by the general government. It cannot be contended, therefore, that the Court's decision today fills a gap left by the Congress. . The constitutional right which the Court creates is manufactured out of whole cloth. I, 2, lays down the ipse dixit "one person, one vote" in congressional elections. They thought splitting power across multiple levels of government would prevent tyranny. 42. See Luce, Legislative Principles (1930), 356-357. . The complaint does not state a claim under Fed. Today, permanent parliamentary Boundary Commissions recommend periodic changes in the size of constituencies as population shifts. Following is the Case Brief for Baker v. Carr, United States Supreme Court, (1962). WebBaker V Carr. Perhaps it then will be objected that, from the supposed opposition of interests in the federal legislature, they may never agree upon any regulations; but regulations necessary for the interests of the people can never be opposed to the interests of either of the branches of the federal legislature, because that the interests of the people require that the mutual powers of that legislature should be preserved unimpaired in order to balance the government. [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. Of all the federal countries considered in our edited volume, Courts in Federal Countries: Federalists or Unitarists? I, 4, which the Court so pointedly neglects. 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. The voters alleged that the apportionment scheme violated several provisions of the Constitution, including Art I, sec 2. and the Fourteenth Amendment. In addition, the Assembly has created a Joint Congressional Redistricting Study Committee which has been working on the problem of congressional redistricting for several months. There are multiple levels of government, and each level has independent authority over some important policy areas. The list of powers in Australia is longer and more detailed, but the basic structure and logic are the same. . 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. at 583. 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. Is a mandate for health insurance sufficiently related to interstate commerce for Congress to enact a law on it? . Justice Brennan wrote that the federal courts have subject matter jurisdiction in relation to apportionment. . 697,567290,596406,971, Iowa(7). United States v. Mosley, 238 U.S. 383; Ex Parte Yarbrough, 110 U.S. 651. (We thank the government of Qubec and Forum of Federations for financial and logistical support in producing this book.). The issue in the case is whether or not the complaint sufficiently alleged a violation of a federal right to the extent a district court would have jurisdiction. The provisions for apportioning Representatives and direct taxes have been amended by the Fourteenth and Sixteenth Amendments, respectively. [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. Some of them, of course, would ordinarily come from districts the populations of which were about that which would result from an apportionment based solely on population. Cf. There was not the slightest intimation in that case that Congress' power to prescribe regulations for elections was subject to judicial scrutiny, ante, p. 18, such that this Court could itself prescribe regulations for congressional elections in disregard, and even in contradiction, of congressional purpose. That is the high standard of justice and common sense which the Founders set for us. . But a court cannot erase only the districts which do not conform to the standard announced today, since invalidation of those districts would require that the lines of all the districts within the State be redrawn. 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. . . New Jersey apparently allowed women, as "inhabitants," to vote until 1807. Decision was 6 to 2. 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. Tennessee had acted "arbitrarily" and "capriciously" in not following redistricting standards, he claimed. The progressive elimination of the property qualification is described in Sait, American Parties and Elections (Penniman ed., 1952), 16-17. Although the states differed in size, population, economy, and resources, each state insisted on being treated as a constitutive equal in forming the federal constitution. The 37 "constitutional" Representatives are those coming from the eight States which elected their Representatives at large (plus one each elected at large in Connecticut, Maryland, Michigan, Ohio, and Texas) and those coming from States in which the difference between the populations of the largest and smallest districts was less than 100,000. 71. I, 4, is the exclusive remedy. . 129, 153). Readers surely could have fairly taken this to mean, "one person, one vote." Baker claimed the malapportionment of state legislatures is justiciable and the state of Tennessee argued such an issue is a political question not capable of being decided by the courts. 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. . . 478,962376,336102,626, Michigan(19). [p49]. 610,947350,839260,108, Louisiana(8). similarities between baker v carr and wesberry v sanders Like its American counterpart, Australias constitution is initially divided into distinct chapters dealing with (For a book-length discussion, see here.). In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. 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. Spitzer, Elianna. In any event, the very sentence of Art. 4. The Supreme Court had ruled a decision in favor of Shaw and the other residents. at 322, 446-449, 486, 527-528 (James Madison of Virginia); id. The fallacy of the Court's reasoning in this regard is illustrated by its slide, obscured by intervening discussion (see ante pp. Id. But he had in mind only that other clear provision of the Constitution that representation would be apportioned among the States according to population. 12(b)(6). Since Baker is an individual bringing suit against the state government, no separation of power concerns result. For the statutory standards under which these commissions operate, see House of Commons (Redistribution of Seats) Acts of 1949, 12 13 Geo. 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. 539,592373,583166,009, Kentucky(7). 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. 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." . This dismissal can no more be justified on the ground of "want of equity" than on the ground of "nonjusticiability." The district court dismissed the complaint for non-justiciability and want From this case forward, all states not just TN were required to redistrict during this time period. [n26] The deadlock was finally broken when a majority of the States agreed to what has been called the Great Compromise, [n27] based on a proposal which had been repeatedly advanced by Roger [p13] Sherman and other delegates from Connecticut. 54, he discussed the inclusion of slaves in the basis of apportionment. Three levels of federal courts Supreme, Circuit (Appellate), Federal district Stare decisis Let the decision stand. 73, 86th Cong., 1st Sess. ; H.R. The reasons which led to these conclusions in Baker are equally persuasive here. 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. \hline 1 & 7 & 6 & 5 \\ Again, in Baker v. Carr, 369 U.S. 186, 232 (1962), the opinion of the Court recognized that Smiley "settled the issue in favor of justiciability of questions of congressional redistricting." Mr. Justice Frankfurter's Colegrove opinion contended that Art. * The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565. 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. The majoritys decision fails to base its holding on both history and existing precedent. [n16]. . The Court followed these precedents in Colegrove, although over the dissent of three of the seven Justices who participated in that decision. There is dubious propriety in turning to the "historical context" of constitutional provisions which speak so consistently and plainly. What form of city government is this? In 1960, the population base was 178,559,217, and the number of Representatives was 435. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. 5. . The Australian federation, like the American, was formed through an agreement among delegates of distinct, self-governing states. 711,045243,570467,475, Massachusetts(12). The decision remains significant to this day because this case had set history for the political power of urban population areas. As a result of this 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." [n7] Were Georgia to find the residents of the [p26] Fifth District unqualified to vote for Representatives to the State House of Representatives, they could not vote for Representatives to Congress, according to the express words of Art. If youre looking for levity, look no further. The only remedy to his lack of representation would be a federal court order to require re-apportionment, the attorneys told the Court. Mr. Justice Frankfurter did not, of course, speak for a majority of the Court in Colegrove, but refusal for that reason to give the opinion precedential effect does not justify refusal to give appropriate attention to the views there expressed. See The Federalist, No. . . The complaint there charged that the State's constitutional command to apportion on the basis of the number of qualified voters had not been followed in the 1901 statute, and that the districts were so discriminatorily disparate in number of qualified voters that the plaintiffs and persons similarly situated were, "by virtue of the debasement of their votes," denied the equal protection of the laws guaranteed them by the Fourteenth Amendment. King stated that the power of Congress under 4 was necessary to "control in this case"; otherwise, he said, The representatives . 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