How can it be, then, that this very same sentence prevents Georgia from apportioning its Representatives as it chooses? I, 4. . 530,507404,695125,812, NewHampshire(2). 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. 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. [n39]. of representatives . But nothing in Baker is contradictory to the view that, political question and other objections to "justiciability" aside, the Constitution vests exclusive authority to deal with the problem of this case in the state legislatures and the Congress. 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. The assemblage at the Philadelphia Convention was by no means committed to popular government, and few of the delegates had sympathy for the habits or institutions of democracy. 459,706399,78259,924, SouthCarolina(6). [n39]. Since Baker is an individual bringing suit against the state government, no separation of power concerns result. according to their respective Numbers." 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 . . . Three levels of federal courts Supreme, Circuit (Appellate), Federal district Stare decisis Let the decision stand. I, 2, lays down the ipse dixit "one person, one vote" in congressional elections. . 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. number of people alone [was] the best rule for measuring wealth, as well as representation, and that, if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. Reynolds v. Sims: Supreme Court Case, Arguments, Impact, What Is Originalism? See also the remarks of Mr. Graham. [n3] Judge Tuttle, disagreeing with the court's reliance on that opinion, dissented from the dismissal, though he would have denied an injunction at that time in order to give the Georgia Legislature ample opportunity to correct the "abuses" in the apportionment. The constitutional and statutory qualifications for electors in the various States are set out in tabular form in 1 Thorpe, A Constitutional History of the American People 1776-1850 (1898), 93-96. It took only two years for 26 states to ratify new apportionment plans with respect to population counts. . 73, 86th Cong., 1st Sess. But since the slaves added to the representation only of their own State, Representatives [p28] from the slave States could have been thought to speak only for the slaves of their own States, indicating both that the Convention believed it possible for a Representative elected by one group to speak for another nonvoting group and that Representatives were in large degree still thought of as speaking for the whole population of a State. Together, they elect 15 Representatives. 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. 52.See, e.g., 86 Cong.Rec. 530,316236,870293,446. 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. Pp. . Our Constitution leaves no room for classification of people in a way that unnecessarily abridges [p18] this right. . Spitzer, Elianna. The Court's talk about "debasement" and "dilution" of the vote is a model of circular reasoning, in which the premises of the argument feed on the conclusion. Whether the electors should vote by ballot or viva voce, should assemble at this place or that place, should be divided into districts or all meet at one place, shd all vote for all the representatives, or all in a district vote for a number allotted to the district, these & many other points would depend on the Legislatures. [n4] Thus, today's decision impugns the validity of the election of 398 Representatives from 37 States, leaving a "constitutional" House of 37 members now sitting. Stories that brim with optimism. v. Varsity Brands, Inc. Trinity Lutheran Church of Columbia, Inc. v. Comer. In a 1946 case, Colegrove v. Green, the Supreme Court had ruled that apportionment should be left to the states to decide, the attorneys argued. [n15], Repeatedly, delegates rose to make the same point: that it would be unfair, unjust, and contrary to common sense to give a small number of people as many Senators or Representatives as were allowed to much larger groups [n16] -- in short, as James Wilson of Pennsylvania [p11] put it, "equal numbers of people ought to have an equal no. 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. I believe that the court erred in so doing. 6, c. 66, Second Schedule, and of 1958, 6 & 7 Eliz. . Definition and Examples, Shaw v. Reno: Supreme Court Case, Arguments, Impact, Obergefell v. Hodges: Supreme Court Case, Arguments, Impacts, Katzenbach v. Morgan: Supreme Court Case, Arguments, Impact, Washington v. Davis: Supreme Court Case, Arguments, Impact, Bolling v. Sharpe: Supreme Court Case, Arguments, Impact, Romer v. Evans: Supreme Court Case, Arguments, Impact, Browder v. Gayle: Court Case, Arguments, Impact. 823,680272,154551,526, Idaho(2). 1496. 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. 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. How great a difference between the populations of various districts within a State is tolerable? 7-8, 18. . . The District Court was wrong to find that the Fifth district voters presented a purely political question which could not be decided by a court, and should be dismissed for want of equity. Baker v. Carr, 369 U.S. 186, supports the principle that voters have standing to sue with regard to apportionment matters, and that such claims are justiciable. . (Emphasis added.) . Yet, each Georgia district was represented by one congressperson in the House of Representatives. 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. I, 2, prevents the state legislatures from districting as they choose? [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. ." . 53. It opened the door to numerous historic cases in which the Supreme Court tackled questions of voting equality and representation in government. . Despite the apparent fear that 4 would be abused, no one suggested that it could safely be deleted because 2 made it unnecessary. . There is no entanglement doctrine in Australian constitutional law. at 193, 342-343 (Roger Sherman); id. 8266, 86th Cong., 1st Sess. 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. Why would free riding occur in Congressional politics? 33.Id. Tennessee claimed that redistricting was a political question and could not be decided by the courts under the Constitution. I, 2, members of the House of Representatives should be chosen "by the People of the several States," and should be "apportioned among the several States . At that hearing, the court should apply the standards laid down in Baker v. Carr, supra. The Court purports to find support for its position in the third paragraph of Art. [n2] A difference of this magnitude in the size of districts, the average population of which in each State is less than 500,000, [n3] is presumably not equality among districts "as nearly as is practicable," although the Court does not reveal its definition of that phrase. See notes 1 and 2, supra. Of all the federal countries considered in our edited volume, Courts in Federal Countries: Federalists or Unitarists? Popularity with the representative's constituents. For the statutory standards under which these commissions operate, see House of Commons (Redistribution of Seats) Acts of 1949, 12 13 Geo. The following data were collected on the number of nonconformities per unit for 10 time periods: TimeNonconformitiesperUnitTimeNonconformitiesperUnit176523733685439254100\begin{array}{cc|cc} [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. . . Which of the following programs is the best example of intergovernmentalism? We noted probable jurisdiction. . Wesberry v. Sanders (No. Representatives were to be apportioned among the States on the basis of free population plus three-fifths of the slave population. at 50-51 (Rufus King, Massachusetts); 3 id. Mr. Justice Frankfurter's Colegrove opinion contended that Art. Only studying the services available to those who move ignores those who do not move. On the contrary, the Court substitutes its own judgment for that of the Congress. Baker petitioned to the Supreme Court of the United States. The Equal Protection Clause of the Fourteenth Amendment does not suggest legislatures must intentionally structure their districts to reflect absolute equality of votes. Act of Feb. 25, 1882, 3, 22 Stat. . Instead of proceeding on the merits, the court dismissed the case for lack of equity. . The Court gives scant attention, and that not on the merits, to Colegrove v. Green, 328 U.S. 549, which is directly in point; the Court there affirmed dismissal of a complaint alleging that. . [n45][p17]. [n19], To this end, he proposed a single legislative chamber in which each State, as in the Confederation, was to have an equal vote. (For more detail, see here). 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. His PhD took 53 years. . at 532 (Elbridge Gerry of Massachusetts). 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. Baker v. Carr (1962) was a landmark case concerning re-apportionment and redistricting. Like the members of an ancient Greek league, each State, without regard to size or population, was given only one vote in that house. . It established the right of federal courts to review redistricting issues, . Spitzer, Elianna. How, then, can the Court hold that Art. 46. . Reflecting this, the preamble to the Constitution recites that the people of each state agreed to unite in one indissoluble Federal Commonwealth. The federation was expressed to be indissoluble lest Americas experience with secession ever be contemplated in Australia. Following is the Case Brief for Baker v. Carr, United States Supreme Court, (1962). The figure is obtained by dividing the population base (which excludes the population of the District of Columbia, the population of the Territories, and the number of Indians not taxed) by the number of Representatives. Women were not allowed to vote. . 608,441295,072313,369, Missouri(10). . Despite this careful, advertent attention to the problem of congressional districting, Art. I, 3, and it was specially provided in Article V that no State should ever be deprived of its equal representation in the Senate. Since then, despite repeated efforts to obtain congressional action again, Congress has continued to leave the problem and its solution to the States. WebKey points. . supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. In the ratifying conventions, there was no suggestion that the provisions of Art. 478,962376,336102,626, Michigan(19). Attorneys on behalf of the state argued that the Supreme Court lacked grounds and jurisdiction to even hear the case. What form of city government is this? 16.See, e.g., id. . . Similarly, the external affairs power (s. 51(xxix)) has been interpreted to enable the federal government to legislate in areas outside of its enumerated sec. 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). \hline 1 & 7 & 6 & 5 \\ StateandLargestand, NumberofLargestSmallestSmallest, Representatives**DistrictDistrictDistricts, Arizona(3). Ibid. With this single qualification, I join the dissent because I think MR. JUSTICE HARLAN has unanswerably demonstrated that Art. Today, permanent parliamentary Boundary Commissions recommend periodic changes in the size of constituencies as population shifts. It cannot be supposed that delegates to the Convention would have labored to establish a principle of equal representation only to bury it, one would have thought beyond discovery, in 2, and omit all mention of it from 4, which deals explicitly with the conduct of elections. at 374. 7343, 88th Cong., 1st Sess. Baker, a Republican citizen of Shelby County, brought suit against the Secretary of State claiming that the state had not been redistricted since 1901 and Shelby County had more residents than rural districts. Govt. [n17]. * Georgia Laws, Sept.-Oct. 1962, Extra.Sess. 42-45. 54, discussed infra pp. The Court's "as nearly as is practicable" formula sweeps a host of questions under the rug. & 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. [n30]. 575,385332,844242,541, California(38). at 489-490 (Rufus King of Massachusetts); id. . 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. Again in Baker v. Carr, 369 U.S. 186, 232, 82 S.Ct. See Thorpe, op. Since the difference between the largest and smallest districts in Iowa is 89,250, and the average population per district in Iowa is only 393,934, Iowa's 7 Representatives might well lose their seats as well. a. Construct the appropriate control chart and determine the LCL and UCL. Tennessee had undergone a population shift in which thousands of people flooded urban areas, abandoning the rural countryside. The subject of districting within the States is discussed explicitly with reference to the provisions of Art. Art. 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. 8. . ThoughtCo. One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. The delegates did have the former intention and made clear [p27] provision for it. 510,512342,540167,972, WestVirginia(5). . . possessing a freehold of the value of twenty pounds, . This Court, no less than all other branches of the Government, is bound by the Constitution. I, 4, which empowered the "Legislature" of a State to prescribe the regulations for congressional elections meant that a State could not by law provide for a Governor's veto over such regulations as had been prescribed by the legislature. 506,854378,499128,355, Montana(2). at 257 (Charles Pinckney, South Carolina). The Court issued its ruling on February 17, 1964. 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 Id. In sharp contrast to this unanimous silence on the issue of this case when Art. (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. See Baker v. Carr, 369 U.S. 186 (1962) 522,813265,164257,649, Pennsylvania(27). . 48. The Large States dare not dissolve the confederation. 505,465463,80041,665, Maryland(8). Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." cit. It does not permit the States to pick out certain qualified citizens or groups of citizens and deny them the right to vote at all. The district court dismissed the complaint for non-justiciability and want 54, discussed infra pp. . 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. Id. establishment of a federal income tax after the adoption of the Sixteenth Amendment. at 367 (James Madison, Virginia). 110 U.S. at 663. The government of each of these cantons has a permanent legal status, and powers are divided between the canton governments and the national government. Australian justices have insisted that the commerce regulated under the interstate trade and commerce power really have an interstate character. ." While it may not be possible to draw congressional districts with mathematical precision, that is no excuse for ignoring our Constitution's plain objective of making equal representation for equal numbers of people the fundamental goal for the House of Representatives. 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? . The issue before the Court was whether or not the Congress had power to pass laws protecting [p46] the right to vote for a member of Congress from fraud and violence; the Court relied expressly on Art. . . 49. of the yearly value of forty shillings, and been rated and actually paid taxes to this State. 13. 4340, and H.R. . . . CLARK, J., Concurring in Part, Dissenting in Part. The General Assembly is currently in session. 34. In the last congressional election, in 1962, Representatives from 42 States were elected from congressional districts. XIII, with N.J.Const., 1844, Art. . Section 4 states without qualification that the state legislatures shall prescribe regulations for the conduct of elections for Representatives and, equally without qualification, that Congress may make or [p30] alter such regulations. Smiley v. Holm presented two questions: the first, answered in the negative, was whether the provision in Art. 814, 85th Cong., 1st Sess. 572,654317,973254,681, Virginia(10). Suppose that you actually observe 3 or more of the sample of 10 bridges with inspection ratings of 4 or below in 2020. to be worth as much as another's," ante, p. 8. This dismissal can no more be justified on the ground of "want of equity" than on the ground of "nonjusticiability." United States v. Mosley, 238 U.S. 383; Ex Parte Yarbrough, 110 U.S. 651. Webviews 1,544,492 updated. The U.S. Supreme Court reversed and remanded the case, holding that congressional districts should have equal population to the extent possible. Those issues are distinct, and were separately treated in the Constitution. Baker v. Carr: Supreme Court Case, Arguments, Impact. Sign up. 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. . 333,290299,15634,134, Ohio(24). Bakers argument stated that because the districts had not been redrawn and the rural district had ten times fewer people, the rural votes essentially counted more denying him equal protection of the law. . Decision was 6 to 2. What was an immediate consequence of these rulings? Since I believe that the Constitution expressly provides that state legislatures and the Congress shall have exclusive jurisdiction over problems of congressional apportionment of the kind involved in this case, there is no occasion for me to consider whether, in the absence of such provision, other provisions of the Constitution, relied on by the appellants, would confer on them the rights which they assert. https://www.thoughtco.com/baker-v-carr-4774789 (accessed March 1, 2023). Federal courts could create discoverable and manageable standards for granting relief in equal protection cases. 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. 57 of The Federalist: Who are to be the electors of the Federal Representatives? . at 286, 465-466 (Alexander Hamilton of New York); id. . . 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