. 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. Appellants are qualified voters in Georgia's Fifth Congressional District, the ." . 471,001350,186120,815, NorthCarolina(11). 4340, and H.R. Section 5. The following data were collected on the number of nonconformities per unit for 10 time periods: TimeNonconformitiesperUnitTimeNonconformitiesperUnit176523733685439254100\begin{array}{cc|cc} ." . Yet, even here, the U.S. model was influential. Are there any special causes of variation ? If Congress failed in exercising its powers, whereby standards of fairness are offended, the remedy ultimately lies with the people. As the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view that representation should be based on population. 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. This court case was a very critical point in the legal fight for the principle of One man, one I, 2, guarantees each of these States and every other State "at Least one Representative." . . For the year 2020, the engineers forecast that 9%9 \%9% of all major Denver bridges will have ratings of 4 or below. 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 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. A single Congressman represents from two to three times as many Fifth District voters as are represented by each of the Congressmen from the other Georgia congressional districts. How to redraw districts was a "political" question rather than a judicial one, and should be up to state governments, the attorneys explained. 575, 86th Cong., 1st Sess. 491. 3. Supra, p. 22. Soon after the Constitution was adopted, James Wilson of Pennsylvania, by then an Associate Justice of this Court, gave a series of lectures at Philadelphia in which, drawing on his experience as one of the most active members of the Constitutional Convention, he said: [A]ll elections ought to be equal. . . The cases of McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) established what legal precedent? The decision of the United States District Court for the Northern District of Georgia is reversed and remanded. 57 (Cooke ed.1961), at 385. It was found necessary to leave the regulation of these, in the first place, to the state governments, as being best acquainted with the situation of the people, subject to the control of the general government, in order to enable it to produce uniformity and prevent its own dissolution. Some states might regulate the elections on the principles of equality, and others might regulate them otherwise. The upshot of all this is that the language of Art. 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. [n37]. Gray v. Sanders, 372 U.S. 368, 381. 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." . The only State in which the average population per district is greater than 500,000 is Connecticut, where the average population per district is 507,047 (one Representative being elected at large). [n42] The requirement was later dropped, [n43] and reinstated. I, 4, which the Court so pointedly neglects. . . . 1. 3 The Records of the Federal Convention of 1787 (Farrand ed.1911) 14 (hereafter cited as "Farrand"). I, 2, is concerned, the disqualification would be within Georgia's power. Reynolds v. Sims: Supreme Court Case, Arguments, Impact, What Is Originalism? In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. 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. The group claimed This More recently, the Court has interpreted the corporations power (s. 51(xx)) as allowing the federal government to regulate any corporate activities, including contracts with employees, despite the deliberately limited federal power to regulate employment relations through industrial arbitration (s. 51 (xxxv)). Indeed, as one of the grounds there relied on to support our holding that state apportionment controversies are justiciable, we said: . 497,669182,845314,824, Tennessee(9). . 951,527216,371735,156, Utah(2). The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative. As a result of this The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. How great a difference between the populations of various districts within a State is tolerable? The separation of powersespecially the separation of judicial poweris an important principle in Australian constitutional law. . a. Construct the appropriate control chart and determine the LCL and UCL. [n13] It freezes upon both, for no reason other than that it seems wise to the majority of the present Court, a particular political theory for the selection of Representatives. The acts in question were filing false election returns, United States v. Mosley, 238 U.S. 383, alteration of ballots and false certification of votes, United States v. Classic, 313 U.S. 299, and stuffing the ballot box, United States v. Saylor, 322 U.S. 385. Potential for embarrassment for differing pronouncements of the issue by different branches of government. . [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." In New York City, a single executive is popularly elected and he or she appoints officials in charge of various departments. In this manner, the proportion of the representatives and of the constituents will remain invariably the same. . 6. The constitutional scheme vests in the States plenary power to regulate the conduct of elections for Representatives, and, in order to protect the Federal Government, provides for congressional supervision of the States' exercise of their power. The Court issued its ruling on February 17, 1964. What was the decision in Baker v Carr quizlet? . 1081 (remarks of Mr. Moser). It was impossible to foresee all the abuses that might be made of the discretionary power. [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. Further, it goes beyond the province of the Court to decide this case. Carr and Wesberry v. Sanders have been argued before Australias High Court. at 457. Baker petitioned to the Supreme Court of the United States. The three cases Baker v. Carr, Wesberry v. Sanders, and Reynolds v. Sims established that states were required to conduct redistricting so that the districts had Cf. * Georgia Laws, Sept.-Oct. 1962, Extra.Sess. [n6][p25]. 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. 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. 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. [n14] Such expressions prove as little on one side of this case as they do on the other. cit. What is done today saps the political process. Finally in this array of hurdles to its decision which the Court surmounts only by knocking them down is 4 of Art. at 374. Indeed, most of them interpreted democracy as mob rule, and assumed that equality of representation would permit the spokesmen for the common man to outvote the beleaguered deputies of the uncommon man. Sign up. Despite the apparent fear that 4 would be abused, no one suggested that it could safely be deleted because 2 made it unnecessary. His PhD took 53 years. 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). The constitutional requirement in Art. Despite this careful, advertent attention to the problem of congressional districting, Art. Decision: The Warren Court reached a 6-2 verdict in favor of Baker. . 2 id. I, 4. Baker argued that re-apportionment was vital to the equality in the democratic process. 12. Baker v. Carr: Supreme Court Case, Arguments, Impact. . 162; Act of Nov. 15, 1941, 55 Stat. The second question, which concerned two congressional apportionment measures, was whether the Act of June 18, 1929, 46 Stat. Moreover, by focusing exclusively on numbers in disregard of the area and shape of a congressional district as well as party affiliations within the district, the Court deals in abstractions which will be recognized even by the politically unsophisticated to have little relevance to the realities of political life. Star Athletica, L.L.C. at 256-257. Besides, the inequality of the Representation in the Legislatures of particular States would produce a like inequality in their representation in the Natl. Id. 59, Hamilton discussed the provision of 4 for regulation of elections. In answering this question, the Court was concerned to carry out the intention of Congress in enacting the 1929 Act.See id. 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. Spitzer, Elianna. . All districts have roughly equal populations within states. [n22]. The delegates did have the former intention and made clear [p27] provision for it. See notes 1 and 2, supra. . "Rotten boroughs" have long since disappeared in Great Britain. Other provisions of the Constitution would, of course, be relevant, but, so far as Art. . . 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. "; (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. at 3. Suppose the citizens of a tri-city area need public transit to move across city lines. The above implications of the three-fifths compromise were recognized by Madison. . 5, 6; Act of Feb. 7, 1891, 3, 26 Stat. 54, Madison said: It is a fundamental principle of the proposed Constitution that, as the aggregate number of representatives allotted to the several States is to be determined by a federal rule founded on the aggregate number of inhabitants, so the right of choosing this allotted number in each State is to be exercised by such part of the inhabitants as the State itself may designate. Whatever the dominant political philosophy at the Convention, one thing seems clear: it is in the last degree unlikely that most or even many of the delegates would have subscribed to the [p31] principle of "one person, one vote," ante, p. 18. 10. A more obvious departure was the provision that each State shall have a Representative regardless of its population. [n48]. One of the three judges on the panel dissented from the result. . Thus, in the number of The Federalist which does discuss the regulation of elections, the view is unequivocally stated that the state legislatures have plenary power over the conduct of congressional elections subject only to such regulations as Congress itself might provide. 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. 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. We therefore hold that the District Court erred in dismissing the complaint. (Cooke ed.1961) 369. See infra, pp. . 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. . 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. The decision allowed the Supreme Court and other federal district courts to enter the political realm, violating the intent of separation of powers, Justice Frankfurter wrote. . 459,706399,78259,924, SouthCarolina(6). WebBaker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. [p24]. 505,465463,80041,665, Maryland(8). 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. . 328 U.S. at 565. . . Cf. "Baker v. Carr: Supreme Court Case, Arguments, Impact." 13, 14. 1983 and 1988 and 28 U.S.C. . 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 . 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. * The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565. . ThoughtCo, Aug. 28, 2020, thoughtco.com/baker-v-carr-4774789. . Justice Felix Frankfurter dissented, joined by Justice John Marshall Harlan. . MR. JUSTICE CLARK, concurring in part and dissenting in part. 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." Each of the other three cases cited by the Court, ante, p. 17, similarly involved acts which were prosecuted as violations of federal statutes. . 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. . 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. I, 2. It was found impossible to fix the time, place, and manner, of the election of representatives in the Constitution. The justification for this would be that pollution is a collective-action problem, so the federal government is in the best position to address it. [n21], The delegates who wanted every man's vote to count alike were sharp in their criticism of giving each State, [p12] regardless of population, the same voice in the National Legislature. [n45][p17]. 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. . In the North Carolina convention, again during discussion of 4, Mr. Steele pointed out that the state legislatures had the initial power to regulate elections, and that the North Carolina legislature would regulate the first election at least "as they think proper." I dont care. . 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. That right is based in Art I, sec. (We thank the government of Qubec and Forum of Federations for financial and logistical support in producing this book.). Ante, p. 15. . . [n42], Speakers at the ratifying conventions emphasized that the House of Representatives was meant to be free of the malapportionment then existing in some of the state legislatures -- such as those of Connecticut, Rhode Island, and South Carolina -- and argued that the power given Congress in Art. . It is whimsical to assert in the face of this guarantee that an absolute principle of "equal representation in the House for equal numbers of people" is "solemnly embodied" in Article I. [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. The districts are those used in the election of the current 88th Congress. Most importantly, the history of how the House of Representatives came into being demonstrates that the founders wanted to ensure that each person had an equal voice in the political process in the House of Representatives. The U.S. Supreme Court acknowledged probable. 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. Prior cases involving the same subject matter have been decided as nonjusticiable political questions. 26.Id. U.S. Bureau of the Census, Census of Population: 1960 (hereafter, Census), xiv. Art. I, 2, of the Constitution of the United States, which provides that "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States . I, sec. The other side of the compromise was that, as provided in Art. The Court followed these precedents in Colegrove, although over the dissent of three of the seven Justices who participated in that decision. . 2, c. 26, Schedule. 1. . . . The cases of Baker v. Carr (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 population within state. The High Court of Australia consists of seven justices. .". . There are some important differences of course. 1836) (hereafter Elliot's Debates), 11. The two countries are excellent test cases for comparing federal constitutions precisely because they are so similar and yet different. In The Federalist, No. The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. 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. 2836, H.R. "Baker v. Carr: Supreme Court Case, Arguments, Impact." The companion cases to Smiley v. Holm presented no different issues, and were decided wholly on the basis of the decision in that case. . [sic] and might materially affect the appointments. 409,949257,242152,707, Illinois(24). Elections are equal when a given number of citizens in one part of the state choose as many representatives as are chosen by the same number of citizens in any other part of the state. The majoritys three rulings should be no more than whether: In addition, the proper place for this trial is the trial court, not here. I, 2, prevents the state legislatures from districting as they choose? [n26] Mr. Smith proposed to add to the resolution, . I would enter an additional caveat. One principle was uppermost in the minds of many delegates: that, no matter where he lived, each voter should have a voice equal to that of every other in electing members of Congress. 30. In any event, the very sentence of Art. ; H.R. After the Gulf War was over, 151515 influential news organizations sent a letter to the secretary of defense complaining that the rules for reporting the war were designed more to control the news than to facilitate it. [n25] At last those who supported representation of the people in both houses and those who supported it in neither were brought together, some expressing the fear that, if they did not reconcile their differences, "some foreign sword will probably do the work for us." 21.E.g., 1 id. 51. [State legislatures] might make an unequal and partial division of the states into districts for the election of representatives, or they might even disqualify one third of the electors. R. Civ. The delegates were well aware of the problem of "rotten boroughs," as material cited by the Court, ante pp. . Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 1. The Fourteenth Amendment Equal Protection Clause says that a state cannot "deny to any person within its jurisdiction theequal protectionof the laws." [n14], If the power is not immediately derived from the people in proportion to their numbers, we may make a paper confederacy, but that will be all. 248 (1962). WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. While "free Persons" and those "bound to Service for a Term of Years" were counted in determining representation, Indians not taxed were not counted, and "three fifths of all other Persons" (slaves) were included in computing the States' populations. I, 2, for election of Representatives "by the People" means that congressional districts are to be, "as nearly as is practicable," equal in population, ante, pp. This is all that the Constitution requires. These conclusions presume that all the Representatives from a State in which any part of the congressional districting is found invalid would be affected. 1499 (remarks of Mr. Dickinson). . 54, he discussed the inclusion of slaves in the basis of apportionment. at 257 (Charles Pinckney, South Carolina). . The legislative history of the 1929 Act is carefully reviewed in Wood v. Broom, 287 U.S. 1. The complaint does not state a claim under Fed. See Thorpe, op. . . The apportionment statute thus contracts the value of some votes and expands that of others. Within this scheme, the appellants do not have the right which they assert, in the absence of provision for equal districts by the Georgia Legislature or the Congress. 2a to provide: (c) Each State entitled to more than one Representative in Congress under the apportionment provided in subsection (a) of this section, shall establish for each Representative a district composed of contiguous and compact territory, and the number of inhabitants contained within any district so established shall not vary more than 10 percentum from the number obtained by dividing the total population of such States, as established in the last decennial census, by the number of Representatives apportioned to such State under the provisions of subsection (a) of this section. 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. I, 2,that Representatives be chosen "by the People of the several States" means that, as nearly as is practicable, one person's vote in a congressional election is to be worth as much as another's. The status of each state and how the laws applied within were a significant difference in the facts of Baker v. Carr (1962) and Wesberry v. Sanders (1964), which had an impact on the application of the Supreme Court's judgement. 660,345237,235423,110, Georgia(10). Which of the following systems of government concentrates the most power at the national level? 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. 287 U.S. at 7. [n4] The cause there of the alleged "debasement" of votes for state legislators -- districts containing widely varying numbers of people -- was precisely that which was alleged to debase votes for Congressmen in Colegrove v. Green, supra, and in the present case. , whereby standards of fairness are offended, the inequality of the systems. Are qualified voters in Georgia 's power, 6 ; Act of Feb. 7, 1891, 3 26. Similar and yet different this manner, the. be abused, no one suggested that could! 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