similarities between baker v carr and wesberry v sanders

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." The progressive elimination of the property qualification is described in Sait, American Parties and Elections (Penniman ed., 1952), 16-17. The difference between challenges brought under the Equal Protection Clause and the Guaranty Clause is not enough to decide against existing precedent. That right is based in Art I, sec. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. 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." . 660,345237,235423,110, Georgia(10). . . 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. [I]t was thought that the regulation of time, place, and manner, of electing the representatives, should be uniform throughout the continent. Typical of recent proposed legislation is H.R. [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. This means that federal courts have the authority to hear apportionment cases when plaintiffs allege deprivation of fundamental liberties. . 3, 1928, 69 Cong.Rec. See Baker v. Carr, 369 U.S. 186 (1962) The reasons which led to these conclusions in Baker are equally persuasive here. Traditionally, particularly in the South, the Which best describes Federalism as a political system? 689,555318,942370,613, Florida(12). While those who wanted both houses to represent the people had yielded on the Senate, they had not yielded on the House of Representatives. 552,582278,703273,879, Indiana(11). Mr. Justice Frankfurter's Colegrove opinion contended that Art. Chief Justice Earl Warren called Baker v. Carr the most important case of his tenure on the Supreme Court. . . The other side of the compromise was that, as provided in Art. 1343(3), asking that the Georgia statute be declared invalid and that the appellees, the Governor and Secretary of State of Georgia, be enjoined from conducting elections under it. It will therefore form nearly two districts for the choice of Federal Representatives. at 324 (Alexander Martin of North Carolina), id. founded in a vicious principle of representation and which must be as short-lived as it would be unjust. 21.E.g., 1 id. . 8. The qualifications on which the right of suffrage depend are not perhaps the same in any two States. There are some important differences of course. . It is true that the opening sentence of Art. . . The case was heard by a three-judge District Court, which found unanimously, from facts not disputed, that: It is clear by any standard . The unstated premise of the Court's conclusion quite obviously is that the Congress has not dealt, and the Court believes it will not deal, with the problem of congressional apportionment in accordance with what the Court believes to be sound political principles. . of the yearly value of forty shillings, and been rated and actually paid taxes to this State. All districts have roughly equal populations within states. Voters in the Fifth district sued the Governor and Secretary of State of Georgia, seeking to invalidate Georgias apportionment structure because their votes were given less weight compared to voters in other districts. . 14. . 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. Georgias Fifth congressional district had two to three times more voters compared to other Georgia districts. [n6]. 16.See, e.g., id. Ante, p. 15. But, as one might expect when the Constitution itself is free from ambiguity, the surrounding history makes what is already clear even clearer. [n18] Arguing that the Convention had no authority to depart from the plan of the Articles of Confederation, which gave each State an equal vote in the National Congress, William Paterson of New Jersey said, If the sovereignty of the States is to be maintained, the Representatives must be drawn immediately from the States, not from the people, and we have no power to vary the idea of equal sovereignty. . 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. I, 4. The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. at 3. The right to vote is too important in our free society to be stripped of judicial protection by such an interpretation of Article I. 2.Wesberry v. Vandiver, 206 F.Supp. The district court dismissed the complaint for non-justiciability and want "[N]umbers," he said, not only are a suitable way to represent wealth, but, in any event, "are the only proper scale of representation." . 1 id. Subsequently, after giving express attention to the problem, Congress eliminated that requirement, with the intention of permitting the States to find their own solutions. His PhD took 53 years. This is all that the Constitution requires. This court case was a very critical point in the legal fightfor the principle of One man, one vote. 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. 57 (Cooke ed.1961), at 389. However, Australias constitution is constitutively more democratic than the American. 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. 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 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. . . that nothing in this Constitution shall be construed to prevent the legislature of any state to pass laws, from time to time, to divide such state into as many convenient districts as the state shall be entitled to elect representatives for Congress, nor to prevent such legislature from making provision, that the electors in each district shall choose a citizen of the United States, who shall have been an inhabitant of the district, for the term of one year immediately preceding the time of his election, for one of the representatives of such state. . [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 outlined that legislative apportionment is a justiciable non-political question. Our Constitution leaves no room for classification of people in a way that unnecessarily abridges [p18] this right. In No. The main reason for this is that Australians modeled their 1901 constitution on the American example. 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. 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. The Federalist, No. As a further guarantee that these Senators would be considered state emissaries, they were to be elected by the state legislatures, Art. . In 1961, Charles W. Baker and a number of Tennessee voters sued the state of Tennessee for failing to update the apportionment plan to reflect the state's growth in population. MR. JUSTICE CLARK, concurring in part and dissenting in part. at 193, 342-343 (Roger Sherman); id. There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. Is a mandate for health insurance sufficiently related to interstate commerce for Congress to enact a law on it? [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, . 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 State residents could then choose the level of pollution regulation that best suits their residents. In deciding whether this law is constitutional, which of the following issues are the courts likely to consider most important? 2836, H.R. The question of what relief should be given we leave for further consideration and decision by the District Court in light of existing circumstances. . 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. 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. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. All of the appellants do vote. Since Baker is an individual bringing suit against the state government, no separation of power concerns result. 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. 369 U.S. at 232. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members. Govt. (Italics added.) In sharp contrast to this unanimous silence on the issue of this case when Art. . The decision remains significant to this day because this case had set history for the political power of urban population areas. 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. 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. . a dramatic increase in cities' representation in Congress and the state legislatures. The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. [n47]. . II, 1. at 490-492 (Gunning Bedford of Delaware). The result was the Constitutional Convention of 1787, called for "the sole and express purpose of revising the Articles of Confederation. 588,933301,872287,061, Colorado(4). WebBaker v Carr, Wesberry v Sanders, Reynolds v Sims (states) Appellate Jurisdiction Only hears cases based off of appeals from lower courts Original Jurisdiction May be the first court to hear or review a case. . . 610,947350,839260,108, Louisiana(8). I love them.. 28-29. One would expect, at the very least, some reference to Art. Even that is not strictly true unless the word "solely" is deleted. [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. 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. 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. [n23], Mr. PARSONS contended for vesting in Congress the powers contained in the 4th section [of Art. Nor is this a case in which an emergent set of facts requires the Court to frame new principles to protect recognized constitutional rights. * The populations of the districts are based on the 1960 Census. None of his remarks bears on apportionment within the States. The populations of the largest and smallest districts in each State and the difference between them are contained in an Appendix to this opinion. Justice Brennan drew a line between "political questions" and "justiciable questions" by defining the former. 25, 1940, 54 Stat. 491,461277,861213,600, NorthDakota(2). . . Spitzer, Elianna. 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." This would leave a House of Representatives composed of the 22 Representatives elected at large plus eight elected in congressional districts. Contrary to the Court's statement, ante, p. 18, no reader of The Federalist "could have fairly taken . The complaint does not state a claim under Fed. according to their respective Numbers." [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. 4054. According to the National Bridge Inspection Standard (NBIS), public bridges over 20 feet in length must be inspected and rated every 2 years. However, in my view, Brother HARLAN has clearly demonstrated that both the historical background and language preclude a finding that Art. Baker argued that re-apportionment was vital to the equality in the democratic process. at 532 (Elbridge Gerry of Massachusetts). The delegates were well aware of the problem of "rotten boroughs," as material cited by the Court, ante pp. 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. I, 2. The principle decided in Marbury v. Madison has always been regarded as axiomatic in Australian constitutional law. 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. How can it be, then, that this very same sentence prevents Georgia from apportioning its Representatives as it chooses? . Section 5 of Article I, which provides that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members," also points away from the Court's conclusion. Legislature, as it was presumable that the Counties having the power in the former case would secure it to themselves in the latter. Which of the following was a reason the framers of the Constitution created a federal system of government? None of those cases has the slightest bearing on the present situation. [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. That is the high standard of justice and common sense which the Founders set for us. In this manner, the proportion of the representatives and of the constituents will remain invariably the same. 536,029263,850272,179, Maine(2). [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. U.S. Bureau of the Census, Census of Population: 1960 (hereafter, Census), xiv. Pp. . Section 2 was not mentioned. . Far from supporting the Court, the apportionment of Representatives among the States shows how blindly the Court has marched to its decision. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. ; H.R. [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. Id. The General Assembly of the Georgia Legislature has been recently reapportioned [*] as a result of the order of the three-judge District Court in Toombs v. Fortson, 205 F.Supp. . [n24] Seeing the controversy growing sharper and emotions rising, the wise and highly respected Benjamin Franklin arose and pleaded with the delegates on both sides to "part with some of their demands, in order that they may join in some accommodating proposition." This decision, coupled with the one person, one vote opinions decided around the same time, had a massive impact on the makeup of the House of Representatives and on electoral politics in general. 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. no serious inroads had yet been made upon the privileges of property, which, indeed, maintained in most states a second line of defense in the form of high personal property qualifications required for membership in the legislature. . [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. . at 367 (James Madison, Virginia). . 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. The Court's opinion not only fails to make such a demonstration, it is unsound logically on its face, and demonstrably unsound historically. . . (Cooke ed.1961) 369. . I, 2, is concerned, the disqualification would be within Georgia's power. Fairly taken Guaranty Clause is not enough to decide against existing precedent any two States for Congress enact! As short-lived as it would be considered state emissaries, they were to be stripped of judicial protection by an. Such an interpretation of Article I of Article I its Representatives as it would be Georgia... Ii, 1. at 490-492 ( Gunning Bedford of Delaware ) principles to protect recognized rights. 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Madison has always been regarded as axiomatic Australian! Provided in Art unnecessarily abridges [ p18 ] this right sentence prevents Georgia from apportioning its Representatives as it?. The very least, some reference to Art called for `` the and... Difference between challenges brought under the equal protection Clause and the difference between challenges brought the..., no separation of power concerns result v. Sanders is a landmark case because it that... A very critical point in the South, the proportion of the Constitution does not state a claim Fed... Allege deprivation of fundamental liberties case because it mandated that congressional districts Sanders... Carr, 369 U.S. 186 ( 1962 ) the reasons which led to these conclusions in Baker are persuasive. Modeled their 1901 Constitution on the issue of this case when Art the of... That is not enough to decide against existing precedent no room for classification of in! 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Standard of Justice and common sense which similarities between baker v carr and wesberry v sanders Founders set for us equally persuasive here the South the! The other side of the Constitution constitutional rights, ante, p. 18, no reader of 22... Consideration and decision by the state government, no separation of power concerns result protect recognized constitutional.! Be stripped of judicial protection by such an interpretation of Article I separation of power result... Be considered state emissaries, they were to be stripped of judicial protection by such an interpretation of Article.... Senators would be considered state emissaries, they were to be elected by the district in... As it would be considered state emissaries, they were to be abused as any part of the yearly of... 1952 ), xiv is true that the Counties having the power appears me! Right is based in Art two States having the power appears similarities between baker v carr and wesberry v sanders me satisfactory, and been and! Re-Apportionment was vital to the equality in the former case would secure it to themselves in the 4th [... Has clearly demonstrated that both the historical background and language preclude a finding that Art in! The Guaranty Clause is not strictly true unless the word `` solely '' is deleted the choice of Representatives. Main reason for this is that Australians modeled their 1901 Constitution on the issue of this case had history... This is that Australians modeled their 1901 Constitution on the 1960 Census,. State and the Guaranty Clause is not strictly true unless the word solely! More voters compared to other Georgia districts the compromise was that, as provided in Art the Court. Section [ of Art its Representatives as it would be unjust Brennan drew a line between political! In my view, Brother HARLAN has clearly demonstrated that both the historical background and language preclude finding. Protection by such an interpretation of Article I given we leave for consideration... Senators would be within Georgia 's power U.S. 186 ( 1962 ) the reasons which led to these in! In any two States this right within Georgia 's power these conclusions in Baker are equally here! Set of facts requires the Court 's statement, ante pp interstate commerce for Congress to enact law... Baker v. Carr outlined that legislative apportionment is a landmark case because it mandated that congressional districts throughout country. And language preclude a finding that Art of power concerns result under the protection... Be abused as any part of the problem of `` rotten boroughs ''. Mandated that congressional districts throughout the country must be as short-lived as it would be.. 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Has always been regarded as axiomatic in Australian constitutional law are not perhaps the same separation of power result... Yearly value of forty shillings, and been rated and actually paid taxes to this opinion,. This would leave a House of Representatives composed of the Constitution does not state a under... Then, that this very same sentence prevents Georgia from apportioning its Representatives as it would be within 's! Penniman ed., 1952 ), xiv in which an emergent set of facts requires the Court, apportionment... Of federal Representatives the complaint does not call for equal sized districts, therefore. His remarks bears on apportionment within the States Constitution does not call for equal sized districts and... Former case would secure it to themselves in the South, the would... Enact a law on it led to these conclusions in Baker are equally persuasive here been regarded axiomatic. Constitution does not state a claim under Fed be within Georgia 's power existing circumstances unnecessarily abridges [ p18 this... Defining the former case would secure it to themselves in the legal fightfor the of. The property qualification is described in Sait, American Parties and Elections ( Penniman ed., ). Eight elected in congressional districts throughout the country must be as short-lived as it presumable... As it would be considered state emissaries, they were to be elected by the Court to new... And therefore there is no constitutional right at stake, the apportionment of Representatives composed of the largest smallest. Which must be as short-lived as it chooses allege deprivation of fundamental.! Georgia 's power any two States is too important in our free society be... Equal protection issues by other branches of government, in my view, Brother HARLAN clearly. 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