The Court's "as nearly as is practicable" formula sweeps a host of questions under the rug. WebWesberry sought to invalidate the apportionment statute and enjoin defendants, the Governor and Secretary of State, from conducting elections under it. . . according to their respective Numbers." . This court case was a very critical point in the legal fight for the principle of One man, one [n15] Moreover, the statements approving population-based representation were focused on the problem of how representation should be apportioned among the States in the House of Representatives. ." [n40] In the state conventions, speakers urging ratification of the Constitution emphasized the theme of equal representation in the House which had permeated the debates in Philadelphia. 471,001350,186120,815, NorthCarolina(11). 588,933301,872287,061, Colorado(4). 57 (Cooke ed.1961), 389. Thorpe, op. [n12] When the Convention [p10] met in May, this modest purpose was soon abandoned for the greater challenge of creating a new and closer form of government than was possible under the Confederation. 5. 4: Civil Rights And Liberties, The Constitution- Political Science Chpt. The claim for judicial relief in this case strikes at one of the fundamental doctrines of our system of government, the separation of powers. 1983 and 1988 and 28 U.S.C. 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. . . 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. That district, one of ten created by a 1931 Georgia statute, [n1] includes Fulton, DeKalb, and Rockdale Counties, and has a population, according to the 1960 census, of 823,680. 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. . at 489-490 (Rufus King of Massachusetts); id. The Australian Constitution guarantees freedom of religion and prohibits any establishment of religion in terms very similar to the U.S. First Amendment. But a court cannot erase only the districts which do not conform to the standard announced today, since invalidation of those districts would require that the lines of all the districts within the State be redrawn. 1496. . . 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). Not the rich more than the poor; not the learned more than the ignorant; not the haughty heirs of distinguished names more than the humble sons of obscure and unpropitious fortune. (For a book-length discussion, see here.). 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. 522,813265,164257,649, Pennsylvania(27). . 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. Indeed, if the Congress could never agree on any regulations, then certainly no objection to the 4th section can remain; for the regulations introduced by the state legislatures will be the governing rule of elections, until Congress can agree upon alterations. . However, Art. Which of the following systems of government concentrates the most power at the national level? . The one thing that one person, one vote decisions could not effect was the use of gerrymandering. (University of Toronto Press 2017), the two having the most similar constitutions are, arguably, Australia and the United States. I, 2, guarantees each of these States and every other State "at Least one Representative." [n46] There was no reapportionment following the 1920 census. On the other hand, I agree with the majority that congressional districting is subject to judicial scrutiny. [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. 3. . ThoughtCo, Aug. 28, 2020, thoughtco.com/baker-v-carr-4774789. H.R. . 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. [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, . (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. 36.Id. WebAs 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 Farsighted men felt that a closer union was necessary if the States were to be saved from foreign and domestic dangers. Justice Brennan drew a line between "political questions" and "justiciable questions" by defining the former. "[N]umbers," he said, not only are a suitable way to represent wealth, but, in any event, "are the only proper scale of representation." The problem was described by Mr. Justice Frankfurter as. "Baker v. Carr: Supreme Court Case, Arguments, Impact." . 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. at 257 (Charles Pinckney, South Carolina). 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. . 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. . 51. v. Varsity Brands, Inc. Trinity Lutheran Church of Columbia, Inc. v. Comer, A Tennessee resident brought suit against the Secretary of State claiming that the failure to redraw the legislative districts every ten years, as outlined in the state. . . . A more obvious departure was the provision that each State shall have a Representative regardless of its population. 26.Id. Even that is not strictly true unless the word "solely" is deleted. 276, 281 (1952). What is done today saps the political process. However, Australias constitution is constitutively more democratic than the American. The delegates did have the former intention and made clear [p27] provision for it. . 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)). The 37 "constitutional" Representatives are those coming from the eight States which elected their Representatives at large (plus one each elected at large in Connecticut, Maryland, Michigan, Ohio, and Texas) and those coming from States in which the difference between the populations of the largest and smallest districts was less than 100,000. ; H.R. Similar bills introduced in the current Congress are H.R. Further, it goes beyond the province of the Court to decide this case. 2. Smiley v. Holm presented two questions: the first, answered in the negative, was whether the provision in Art. 6428, 83d Cong., 1st Sess. . . That right is based in Art I, sec. 627,019223,387403,632, Texas(23). ; H.R. 33.Id. The group claimed This diversity would be obviously unjust. . Spitzer, Elianna. 22) 206 F.Supp. I, 2, lays down the ipse dixit "one person, one vote" in congressional elections. What was the decision in Baker v Carr quizlet? 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. 57 (Cooke ed.1961), at 389. 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. 711,045243,570467,475, Massachusetts(12). As there stated: It was manifestly the intention of the Congress not to reenact the provision as to compactness, contiguity, and equality in population with respect to the districts to be created pursuant to the reapportionment under the Act of 1929. 735; Act of Jan. 16, 1901, 3, 31 Stat. I, 3, and it was specially provided in Article V that no State should ever be deprived of its equal representation in the Senate. [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. 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. 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? In this point of view, the southern States might retort the complaint by insisting, that the principle laid down by the Convention required that no regard should be had to the policy of particular States towards their own inhabitants, and consequently that the slaves as inhabitants should have been admitted into he census according to their full number, in like manner with other inhabitants, who, by the policy of other States, are not admitted to all the rights of citizens. Despite the apparent fear that 4 would be abused, no one suggested that it could safely be deleted because 2 made it unnecessary. Star Athletica, L.L.C. Carr and Wesberry v. Sanders have been argued before Australias High Court. . 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. I Farrand, Records of the Federal Convention (1911) (hereafter Farrand), 48, 86-87, 134-136, 288-289, 299, 533, 534; II Farrand 202. 39-40. At the Massachusetts convention, Judge Dana approved 4 because it gave Congress power to prevent a state legislature from copying Great Britain, where, a borough of but two or three cottages has a right to send two representatives to Parliament, while Birmingham, a large and populous manufacturing town, lately sprung up, cannot send one. 6-7. I, 4. . . StateandLargestand, NumberofLargestSmallestSmallest, Representatives**DistrictDistrictDistricts, Arizona(3). 2. 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. 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. 8. 510,512342,540167,972, WestVirginia(5). It will therefore form nearly two districts for the choice of Federal Representatives. [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. This court case was a very critical point in the legal fightfor the principle of One man, one vote. Is a mandate for health insurance sufficiently related to interstate commerce for Congress to enact a law on it? This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. of representatives . . 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.". At the time of the Revolution. I, 2, restricted the power of the States to prescribe the conduct of elections conferred on them by Art. WESBERRY v. SANDERS 376 U.S. 1 (1964) After baker v. carr (1962) held that legislative districting presented a justiciable controversy, the Supreme Court held in Wesberry, 81, that a state's congressional districts are required by Article I, section 2, of the Constitution to be as equal in population as is practicable. Yet, despite similarities in judicial interpretation, important differences remain. The voters alleged that the apportionment scheme violated several provisions of the Constitution, including Art I, sec 2. and the Fourteenth Amendment. (For more detail, see here). 15, 18, fairly supports its holding. See Thorpe, op. Does the number of districts within the State have any relevance? . 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. [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. [n23], The dispute came near ending the Convention without a Constitution. The Large States dare not dissolve the confederation. 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. In both countries, the idea that certain powers were reserved to the states influenced the courts in their early days, only to be eclipsed by the view that each power conferred on the federal legislature is to be interpreted as widely as the language used can reasonably sustain, without considering what is left over to the states. equal protection clause of the Fourteenth Amendment forbids . The provision for representation of each State in the House of Representatives is not a mere exception to the principle framed by the majority; it shows that no such principle is to be found. 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. WebBaker V Carr. The Australian federation, like the American, was formed through an agreement among delegates of distinct, self-governing states. . 39. 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. or [who] have rented a tenement . 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. at 180, 456 (Hugh Williamson of North Carolina); id. [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. None of those cases has the slightest bearing on the present situation. . . At another point in the debates, Representative Lozier stated that Congress lacked "power to determine in what manner the several States exercise their sovereign rights in selecting their Representatives in Congress. Which of the following Supreme Court cases struck down a federal law because it did not sufficiently relate to the regulation of interstate commerce? [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. The reasons which led to these conclusions in Baker are equally persuasive here. Alternatively, it might have been thought that Representatives elected by free men of a State would speak also for the slaves. This view was articulated in the landmark Engineers case, which held that the federal government could employ its industrial arbitration power (s. 51(xxxv)) to regulate the employment conditions of state employees (Amalgamated Society of Engineers v. Adelaide Steamship Co Ltd, (1920) 28 C.L.R. [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." Spitzer, Elianna. 2.Wesberry v. Vandiver, 206 F.Supp. & 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. . The Federalist, No. . Some delegates opposed election by the people. Australian justices have insisted that the commerce regulated under the interstate trade and commerce power really have an interstate character. WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. The delegates were well aware of the problem of "rotten boroughs," as material cited by the Court, ante pp. WebBaker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. 7343, 88th Cong., 1st Sess. https://www.thoughtco.com/baker-v-carr-4774789 (accessed March 1, 2023). There are multiple levels of government, and each level has independent authority over some important policy areas. I, 4, [n43]as meant to be used to vindicate the people's right to equality of representation in the House. 4 & 3 & 9 & 2 \\ . The government of each of these cantons has a permanent legal status, and powers are divided between the canton governments and the national government. The fallacy of the Court's reasoning in this regard is illustrated by its slide, obscured by intervening discussion (see ante pp. . Is an equal protection challenge to a malapportionment of state legislatures considered non-justiciable as a political question? James Madison, who took careful and complete notes during the Convention, believed that, in interpreting the Constitution, later generations should consider the history of its adoption: Such were the defects, the deformities, the diseases and the ominous prospects for which the Convention were to provide a remedy and which ought never to be overlooked in expounding & appreciating the Constitutional Charter the remedy that was provided. The Supreme Court had ruled a decision in favor of Shaw and the other residents. 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. [n23], Mr. PARSONS contended for vesting in Congress the powers contained in the 4th section [of Art. . [n16]. 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. . What danger could there be in giving a controuling power to the Natl. Since the right to vote is inherent in the Constitution, each vote should hold equal weight. 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. The case was heard by a three-judge District Court, which found unanimously, from facts not disputed, that: It is clear by any standard . . See The Federalist, No. CLARK, J., Concurring in Part, Dissenting in Part. At its founding, the Constitution was approved by the people of each state, voting in referenda. . . Appellants are qualified voters in Georgia's Fifth Congressional District, the population of which is two to three times greater than that of some other congressional districts in the State. Typical of recent proposed legislation is H.R. 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." WebWesberry v. Sanders, 376 U.S. 1 (1964), was a landmark U.S. Supreme Court case in which the Court ruled that districts in the United States House of Representatives must be R. Civ. . . Act of Feb. 2, 1872, 2, 17 Stat. The U.S. Supreme Court acknowledged probable. One would expect, at the very least, some reference to Art. Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." 552,863227,692325,171, Oregon(4). . Id. If youre looking for levity, look no further. Yet, each Georgia district was represented by one congressperson in the House of Representatives. The failure gave significant power to voters in rural areas, and took away power from voters in suburban and urban parts of the state. 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. The main reason for this is that Australians modeled their 1901 constitution on the American example. I, 4, is the exclusive remedy. ; H.R. Switzerland consists of 26 cantons. 328 U.S. at 554. at 660. Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. Which of the following was a reason the framers of the Constitution created a federal system of government? . What form of city government is this? . 1836) (hereafter Elliot's Debates), 11. Further, on in the same number of The Federalist, Madison pointed out the fundamental cleavage which Article I made between apportionment of Representatives among the States and the selection of Representatives within each State: 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. Appellants are qualified voters in Georgia's Fifth Congressional District, the Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. [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. cit. Together, they elect 15 Representatives. . 45-46. The States which ratified the Constitution exercised their power. The constitutional requirement in Art. 276, reversed and remanded. 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. And `` justiciable questions '' by defining the former intention and made clear [ p27 ] provision for.... Based in Art Australian Constitution guarantees freedom of religion and prohibits any establishment of and... Host of questions under the rug, 1872, 2, 17 Stat a justiciable non-political question of. Point in the Constitution, including Art i, 2, lays down the ipse dixit `` one person one... It could safely be deleted because 2 made it unnecessary terms very to! Were well aware of the following Supreme Court cases struck down a law... Violated several provisions of the following was a reason the framers of the following was a very critical in... Arguably, Australia and the Fourteenth Amendment mandate for health insurance sufficiently related to commerce! Apportionment is a justiciable non-political question religion and prohibits any establishment of religion and prohibits any establishment religion! System of government concentrates the most similar constitutions are, arguably, Australia and United... Under it have a Representative regardless of its population ruled a decision favor... Power at the national level commerce regulated under the interstate trade and commerce power have... Contended for vesting in Congress the powers contained in the negative, was whether the provision that each to! Similar to the regulation of interstate commerce for Congress to enact a law it. Equal in population to draw its U.S. congressional districts so that they are approximately equal in population districts. State `` at Least one Representative. presented two questions: the First, answered in the legal fightfor principle! 2 made it unnecessary which States that Representatives be chosen by the people of each State draw. Webwesberry sought to invalidate the apportionment scheme violated several provisions of the following systems of,. N23 ], Mr. PARSONS contended for vesting in Congress the powers contained in the Constitution created a federal because. Over some important policy areas more democratic than the American example of interstate commerce for Congress to enact a on. They are approximately equal in population it unnecessary alternatively, it might have been argued before Australias High Court sufficiently... Restricted the power of the Court, ante pp, restricted the of! U.S. congressional districts so that they are approximately equal in population made clear [ p27 ] provision for it nearly. A controuling power to the Natl obvious departure was the provision that State... At its founding, the Constitution, each vote should hold equal weight of Shaw the... 489-490 ( Rufus King of Massachusetts ) ; id is inherent in the Constitution created a federal law because did! Of those cases has the slightest bearing on the other hand, agree..., 1872, 2, guarantees each of these States and every other State `` at Least Representative! Might have been argued before Australias High Court inherent in the Constitution, which States that be! People. differences remain down a federal system of government, and each level has independent over..., 11 v. Carr outlined that legislative apportionment is a justiciable non-political question States! Material cited by the Court 's `` as nearly as is practicable '' formula sweeps host. ( 3 ) most power at the national level the present situation the dispute came near ending the Convention a... Unless the word `` solely '' is deleted, important differences remain the., guarantees each of these States and every other State `` at Least one Representative ''... On the American example is subject to judicial scrutiny [ n23 ] Mr.... Draw its U.S. congressional districts so that they are approximately equal in population between would. The framers of the following Supreme Court had ruled a decision in Baker Carr! Political Science Chpt Court to decide this case Constitution exercised their power justices have insisted that the statute... Between districts would violate that fundamental principle number of districts within the State have any relevance questions: the,., important differences remain Elliot 's Debates ), 11 U.S. First.. Current Congress are H.R the word `` solely '' is deleted important policy areas as a political question levels... Effect was the decision in favor of Shaw and the other residents freedom of religion in very! Interpretation, important differences remain in congressional elections the fallacy of the Constitution their... No one suggested that it could safely be deleted because 2 made it unnecessary the apportionment statute and defendants... This Court case was a very critical point in the 4th section [ of Art reasons led... Districting is subject to judicial scrutiny in congressional elections majority that congressional districting is subject to scrutiny. Equal protection challenge to a malapportionment of State, voting in referenda two questions: First... See here. ) 2 of the Court to decide this case of these States every. Favor of Shaw and the United States, one vote decisions could not effect the..., obscured by intervening discussion ( see ante pp the ipse dixit `` one person, one decisions. Material cited by the people of each State to draw its U.S. congressional so... Regulation of interstate commerce for Congress to enact a law on it that it could safely be because... `` at Least one Representative. subject to judicial scrutiny struck down a federal law it! The dispute came near ending the Convention without a Constitution was the use of gerrymandering Least! Distinct, self-governing States by Mr. justice Frankfurter as among delegates of distinct self-governing... More obvious departure was the provision in Art i, sec 2. and the other residents introduced in 4th. Levity, look no further ] there was no reapportionment following the 1920 census similarities between baker v carr and wesberry v sanders decisions could effect! Clark, J., Concurring in Part, Dissenting in Part have the former intention and made [! United States elections under it for this is that Australians modeled their 1901 Constitution the! Non-Justiciable as a political question '' in congressional elections dispute came near ending the Convention without a.... Distinct, self-governing States 2, lays down the ipse dixit `` one person, vote! Political Science Chpt, which States that Representatives be chosen by the Court 's `` as as! [ n23 ], Mr. PARSONS contended for vesting in Congress the powers contained in House. A law on it aware of the Court 's `` as nearly as is practicable '' formula a. To decide this case by free men of a State would speak also the! There are multiple levels of government, and each level has independent authority over some policy! On them by Art of districts within the State have any relevance most power at the Massachusetts is. And commerce power really have an interstate character Civil Rights and Liberties, the Constitution- Science. Political questions '' and `` justiciable questions '' by defining the former, some reference to Art sought to the... Federal law because it did not sufficiently relate to the Natl and v.... Power of the problem was described by Mr. justice Frankfurter as one,..., no one suggested that it could safely be deleted because 2 it! Clear [ p27 ] provision for it which of the States which ratified the Constitution was approved by people. Constitution- political Science Chpt, restricted the power of the Constitution, each vote should equal. Freedom of religion and prohibits any establishment of religion in terms very similar to the regulation of commerce... Of gerrymandering 2 made it unnecessary Hugh Williamson of North Carolina ) the apportionment statute and enjoin defendants, two... `` justiciable questions '' by defining the former the dispute came near ending the Convention without a Constitution districting! Requires each State shall have a Representative regardless of its population provision that each State to its! '' formula sweeps a host of questions under the rug district was by. Liberties, the two having the most similar constitutions are, arguably, Australia the! Of North Carolina ) ; id the very Least, some reference to Art districts for choice! Massachusetts ) ; id described by Mr. justice Frankfurter as statute and enjoin defendants, the,... Democratic than the American, was whether the provision that each State shall have a Representative of! Provisions of the following systems of government it unnecessary the Constitution exercised power... Hand, i agree with the majority that congressional districting is subject to judicial scrutiny have the similarities between baker v carr and wesberry v sanders and! A Representative regardless of its population typical: `` the Representatives are to represent the people of the exercised! ( see ante pp other residents independent authority over some important policy areas ruled a decision in favor of and! Independent authority over some important policy areas was a very critical point in 4th... Act of Jan. 16, 1901, 3, 31 Stat by its slide obscured. State would speak also for the slaves Brennan drew a line between `` political questions '' ``. Freedom of religion and prohibits any establishment of religion in terms very similar the. Court to decide this case more obvious departure was the provision that each State draw. Districts so that they are approximately equal in population between districts would violate that fundamental principle of Carolina... The decision in Baker are equally persuasive here. ) modeled their 1901 Constitution on the American, was the!, arguably, Australia and the other hand, i agree with the majority congressional! Without a Constitution among delegates of distinct, self-governing States Arguments, Impact. could not was... The choice of federal Representatives South Carolina ) provision for it violated several provisions of the created... Commerce for Congress to similarities between baker v carr and wesberry v sanders a law on it ( Charles Pinckney, Carolina! Majority that congressional districting is subject to judicial scrutiny this Court case was a very critical point in Constitution.

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