The decision of the United States District Court for the Northern District of Georgia is reversed and remanded. The claim for judicial relief in this case strikes at one of the fundamental doctrines of our system of government, the separation of powers. During the Revolutionary War, the rebelling colonies were loosely allied in the Continental Congress, a body with authority to do little more than pass resolutions and issue requests for men and supplies. . . The Supreme Court had ruled a decision in favor of Shaw and the other residents. 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. 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. [n37]. establishment of a federal income tax after the adoption of the Sixteenth Amendment. . Eighty-five percent responded that they were more satisfied with the services at their new locale. The purpose was to adjust to changes in the states population. Are there any special causes of variation ? 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. . Suppose the citizens of a tri-city area need public transit to move across city lines. The truth is that it does not. By contrast, what might be the main advantage of leaving this legislation at the state level? WebWesberry v. Sanders, 376 U.S. 1 (1964) was a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. It established the right of federal courts to review redistricting issues, 1128, H.R. The populations of the districts are available in the biographical section of the Congressional Directory, 88th Cong., 2d Sess. 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 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. How did this affect access to covering the next war? 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. I, 2, of the Constitution provides that Representatives are to be chosen "by the People of the several States. 6. 7. . Despite a swell in population, certain urban areas were still receiving the same amount of representatives as rural areas with far less voters. 1896) 15. possessing a freehold of the value of twenty pounds, . With respect to apportionment of the House, Luce states: "Property was the basis, not humanity." Ibid. The likely explanation for the omission is suggested by a remark on the floor of the House that, the States ought to have their own way of making up their apportionment when they know the number of Congressmen they are going to have. I, 2, guarantees each of these States and every other State "at Least one Representative." [n23], Mr. PARSONS contended for vesting in Congress the powers contained in the 4th section [of Art. . We hold that, construed in its historical context, the command of Art. 4: Civil Rights And Liberties, The Constitution- Political Science Chpt. 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. from that state [South Carolina], will not be chosen by the people, but will be the representatives of a faction of that state. If they do, the small ones will find some foreign ally of more honor and good faith who will take them by the hand and do them justice. 13. I, 4, [n43]as meant to be used to vindicate the people's right to equality of representation in the House. . Mr. Justice Rutledge, in Colgerove, believed that the Court should exercise its equitable discretion to refuse relief because. 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. The democratic theme is further expressed in the Constitution by the declaration that the two houses of the legislature are to be chosen by the people and by the requirement that the Constitution can be amended only by a majority of electors in both the federation as a whole and a majority of the states. ." enforcing the Clean Air Act, which is the responsibility of both state authorities and the federal Environmental Protection Agency. . [n6][p25]. If youre looking for levity, look no further. 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." 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. There are some important differences of course. 39-40. Smiley, Koenig, and Carroll settled the issue in favor of justiciability of questions of congressional redistricting. 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. the Constitution has conferred upon Congress exclusive authority to secure fair representation by the States in the popular House. of representatives . I, 2, of the Constitution gives no mandate to this Court or to any court to ordain that congressional districts within each State must be equal in population. . 40.Id. . Carr in 1962, the Supreme Court determined that this sort of population disparity violated the federal constitution. . Supra, p. 22. 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. 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. . You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. 5-6. "[N]umbers," he said, not only are a suitable way to represent wealth, but, in any event, "are the only proper scale of representation." This provision reinforces the evident constitutional scheme of leaving to the Congress the protection of federal interests involved in the selection of members of the Congress. 585,586255,165330,421, NewYork(41). https://www.thoughtco.com/baker-v-carr-4774789 (accessed March 1, 2023). Can the Supreme Court rule on a case regarding apportionment? 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. . Contrary to the Court's statement, ante, p. 18, no reader of The Federalist "could have fairly taken . Equally significant is the fact that the proposed resolution expressly empowering the States to establish congressional districts contains no mention of a requirement that the districts be equal in population. On the contrary, the Court substitutes its own judgment for that of the Congress. Accordingly, those Fifth district voters believed that their political voice was less, or debased, when compared to other voters in Georgia. Although it was held in Ex parte Yarbrough, 110 U.S. 651, and subsequent cases, that the right to vote for a member of Congress depends on the Constitution, the opinion noted that the legislatures of the States prescribe the qualifications for electors of the legislatures and thereby for electors of the House of Representatives. . The qualifications on which the right of suffrage depend are not perhaps the same in any two States. . . Pp. A) The only difference in the two cases is that The Baker case was related to state legislative districts. That is the high standard of justice and common sense which the Founders set for us. 28.See id. [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. (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. As late as 1842, seven States still conducted congressional elections at large. 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. 10. 39-40. 9. [p45]. The result was the Constitutional Convention of 1787, called for "the sole and express purpose of revising the Articles of Confederation. discrimination. [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." [n52] Bills which would have imposed on the States a requirement of equally or nearly equally populated districts were regularly introduced in the House. [n28] It provided, on the one hand, that each State, including little Delaware and Rhode Island, was to have two Senators. . 6-7. 539,618312,890226,728, Washington(7). Star Athletica, L.L.C. 663,510198,236465,274, Arkansas(4). 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. He relied on Baker v. Carr, 369 U.S. 186, which, after full discussion of Colegrove and all the opinions in it, held that allegations of disparities of population in state legislative districts raise justiciable claims on which courts may grant relief. All districts have roughly equal populations within states. All that there is is a provision which bases representation in the House, generally but not entirely, on the population of the States. 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. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. No. . . We do not deem [Colegrove v. Green] . 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. ; H.R. 162; Act of Nov. 15, 1941, 55 Stat. 33.Id. In deciding whether this law is constitutional, which of the following issues are the courts likely to consider most important? [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. . Ante, p. 15. The Fourteenth Amendment Equal Protection Clause says that a state cannot "deny to any person within its jurisdiction theequal protectionof the laws." 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. 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. (We thank the government of Qubec and Forum of Federations for financial and logistical support in producing this book.). Three levels of federal courts Supreme, Circuit (Appellate), Federal district Stare decisis Let the decision stand. ." Even that is not strictly true unless the word "solely" is deleted. Which of the following clauses in the Constitution gives Congress the authority to make whatever laws are "necessary and proper" in order to execute its enumerated powers? 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. On the apportionment of the state legislatures at the time of the Constitutional Convention, see Luce, Legislative Principles (1930), 331-364; Hacker, Congressional Districting (1963), 5. . Georgias Fifth congressional district had two to three times more voters compared to other Georgia districts. a group of citizens proposes a law banning gay marriage in a state, which the public then votes on in an election. Act of June 25, 1842, 2, 5 Stat. 761. . 42-45. . In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. In New York City, a single executive is popularly elected and he or she appoints officials in charge of various departments. . The Courts opinion essentially calls into question the validity of the entire makeup of the House of Representatives because in most of the States there was a significant difference in the populations of their congressional districts. 572,654317,973254,681, Virginia(10). 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. . . I, 4. I, 2, reveals that those who framed the Constitution [p9] meant that, no matter what the mechanics of an election, whether statewide or by districts, it was population which was to be the basis of the Hose of Representatives. 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. 276, reversed and remanded. Next, Justice Brennan found that Baker and his fellow plaintiffs had standing to sue because, the voters were alleging "facts showing disadvantage to themselves as individuals.". [n42] The requirement was later dropped, [n43] and reinstated. Plaintiffs sought an injunction to prevent any further elections until the legislature had passed new redistricting laws to 11. 841, 87th Cong., 1st Sess., which amends 2 U.S.C. Tennessee had undergone a population shift in which thousands of people flooded urban areas, abandoning the rural countryside. In the last congressional election, in 1962, Representatives from 42 States were elected from congressional districts. . [n46]. 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. 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. lacked compactness of territory and approximate equality of population. at 367 (James Madison, Virginia). Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. . "; (2) the Due Process, Equal Protection, and Privileges and Immunities Clauses of the Fourteenth Amendment, and (3) that part of Section 2 of the Fourteenth Amendment which provides that "Representatives shall be apportioned among the several States according to their respective numbers. 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 * The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565. 5099, 76th Cong., 1st Sess. However, Australias constitution is constitutively more democratic than the American. Farsighted men felt that a closer union was necessary if the States were to be saved from foreign and domestic dangers. The statute offered a way for Tennessee to handle apportionment of senators and representatives as its population shifted and grew. This would leave a House of Representatives composed of the 22 Representatives elected at large plus eight elected in congressional districts. The provisions for apportioning Representatives and direct taxes have been amended by the Fourteenth and Sixteenth Amendments, respectively. . The group claimed I, 4, is the exclusive remedy. similarities between baker v carr and wesberry v sanders Like its American counterpart, Australias constitution is initially divided into distinct chapters dealing with the Constitution has already given decision making power to a specific political department. WebCarr and Wesberry v. Sanders have? . Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." . For the statutory standards under which these commissions operate, see House of Commons (Redistribution of Seats) Acts of 1949, 12 13 Geo. . WebBaker V Carr. Together, they elect 15 Representatives. I, 2, is concerned, the disqualification would be within Georgia's power. 653,954195,551458,403, Connecticut(6). 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. Mr. Justice Frankfurter's Colegrove opinion contended that Art. . . Which of the following Supreme Court cases struck down a federal law because it did not sufficiently relate to the regulation of interstate commerce? I, 2, which provides for the apportionment of Representatives among the States. . . Each time redistricting plans were drawn up in accordance with the federal census and put to a vote, they failed to get enough votes to pass. That right is based in Art I, sec. . an aspect of government from which the judiciary, in view of what is involved, has been excluded by the clear intention of the Constitution. [n28][p37] He explained further that his proposal was not intended to impose a requirement on the other States, but "to enable the states to act their discretion without the control of Congress." Readers surely could have fairly taken this to mean, "one person, one vote." I, 4, as placing "into the hands of the state legislatures" the power to regulate elections, but retaining for Congress "self-preserving power" to make regulations lest "the general government . Again in Baker v. Carr, 369 U.S. 186, 232, 82 S.Ct. Elianna Spitzer is a legal studies writer and a former Schuster Institute for Investigative Journalism research assistant. Sign up. [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. Suppose that you actually observe 3 or more of the sample of 10 bridges with inspection ratings of 4 or below in 2020. The delegates were quite aware of what Madison called the "vicious representation" in Great Britain [n35] whereby "rotten boroughs" with few inhabitants were represented in Parliament on or almost on a par with cities of greater population. The Court does have the power to decide this case, in contrast to Justice Harlans dissent. Since the right to vote is inherent in the Constitution, each vote should hold equal weight. equal protection clause of the Fourteenth Amendment forbids . 1. [n8] Although many, perhaps most, of them also believed generally -- but assuredly not in the precise, formalistic way of the majority of the Court [n9] -- that, within the States, representation should be based on population, they did not surreptitiously slip their belief into the Constitution in the phrase "by the People," to be discovered 175 years later like a Shakespearian anagram. 73, 86th Cong., 1st Sess. Id. Since there is only one Congressman for each district, this inequality of population means that the Fifth District's Congressman has to represent from two to three times as many people as do Congressmen from some of the other Georgia districts. Colegrove v. Green, 328 U.S. 549, 564, and 568, n. 3 (1946). The one thing that one person, one vote decisions could not effect was the use of gerrymandering. 1081 (remarks of Mr. Moser). e. The president agreed to hold more press conferences. The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. 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. Soon after the Convention assembled, Edmund Randolph of Virginia presented a plan not merely to amend the Articles of Confederation, but to create an entirely new National Government with a National Executive, National Judiciary, and a National Legislature of two Houses, one house to be elected by "the people," the second house to be elected by the first. ThoughtCo. But if they be regulated properly by the state legislatures, the congressional control will very probably never be exercised. WebBaker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. 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. 2 & 3 & 7 & 3 \\ . 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. The debates in the ratifying conventions, as clearly as Madison's statement at the Philadelphia Convention, supra, pp. at 257 (Charles Pinckney, South Carolina). [n45][p17]. . District boundaries can at 374. Georgias Fifth congressional district had a population that was two to three times greater than the populations of other Georgia districts, yet each district had one representative. . It was to be the grand depository of the democratic principle of the Govt. . [n27]. This history reveals that the Court is not simply undertaking to exercise a power which the Constitution reserves to the Congress; it is also overruling congressional judgment. . Though the Articles established a central government for the United States, as the former colonies were even then called, the States retained most of their sovereignty, like independent nations bound together only by treaties. at 180, 456 (Hugh Williamson of North Carolina); id. (University of Toronto Press 2017), the two having the most similar constitutions are, arguably, Australia and the United States. 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. 28. No. 2 of the Constitution does not mandate that congressional districts must be equal in population. What is the most valid criticism of this study? . In the absence of a reapportionment, all the Representatives from a State found to have violated the standard would presumably have to be elected at large. Justice Felix Frankfurter dissented, joined by Justice John Marshall Harlan. 1496. . . 54, at 368. . Cf. It took only two years for 26 states to ratify new apportionment plans with respect to population counts. The Court's "as nearly as is practicable" formula sweeps a host of questions under the rug. 1. Before the war ended, the Congress had proposed and secured the ratification by the States of a somewhat closer association under the Articles of Confederation. . Decision was 6 to 2. 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. How can it be, then, that this very same sentence prevents Georgia from apportioning its Representatives as it chooses? Section 5. 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? WebKey points. . Baker v. Carr: Supreme Court Case, Arguments, Impact. . [n6]. 30. Definition and Examples, The Original Jurisdiction of the US Supreme Court, What Is Sovereign Immunity? Australias high court has opined that the states must continue to exist as separate governments exercising independent functions (Melbourne Corporation v. Commonwealth, (1947) 74 CLR 31, 83). 6428, 83d Cong., 1st Sess. ; H.R. Of Justice and common sense which the right to vote, in 1962 the! Following Supreme Court rule on a case regarding apportionment violate that fundamental principle is no right. By the States population need public transit to move across city lines popular House 25,,... 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