. (We thank the government of Qubec and Forum of Federations for financial and logistical support in producing this book.). 3. Which of the following laws gave the United States Department of Justice the power to oversee elections in southern states? Following is the Case Brief for Baker v. Carr, United States Supreme Court, (1962). Attorneys on behalf of the state argued that the Supreme Court lacked grounds and jurisdiction to even hear the case. 1836) 11 (Fisher Ames, in the Massachusetts Convention) (hereafter cited as "Elliot"); id. [n1] In all but five of those States, the difference between [p21] the populations of the largest and smallest districts exceeded 100,000 persons. at 490-492 (Gunning Bedford of Delaware). Within seven weeks of the decision, lawsuits had been filed in 22 states asking for relief in terms of unequal apportionment standards. Cf. None of his remarks bears on apportionment within the States. The Court states: 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. at 50-51 (Rufus King, Massachusetts); 3 id. . . . WebKey points. 802,994177,431625,563, Minnesota(8). ThoughtCo, Aug. 28, 2020, thoughtco.com/baker-v-carr-4774789. [n17]. 422,046303,098118,948, Wisconsin(10). [n45][p17]. As the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view that representation should be based on population. In cases concerning legislative district apportionment, American decisions such as Baker v. Carr and Wesberry v. Sanders have been argued before Australias High Court. If, on remand, the trial court is of the opinion that there is likelihood of the General Assembly's reapportioning the State in an appropriate manner, I believe that coercive relief should be deferred until after the General Assembly has had such an opportunity. 276, 279-280. (Cooke ed.1961) 369. 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. But he had in mind only that other clear provision of the Constitution that representation would be apportioned among the States according to population. 4054. . (For a book-length discussion, see here.). at 374. Again in Baker v. Carr, 369 U.S. 186, 232, 82 S.Ct. . (This, of course, is the very requirement which the Court now declares to have been constitutionally required of the States all along without implementing legislation.) It took only two years for 26 states to ratify new apportionment plans with respect to population counts. [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." . ." Eighty-five percent responded that they were more satisfied with the services at their new locale. Only studying the services available to those who move ignores those who do not move. . We do not reach the arguments that the Georgia statute violates the Due Process, Equal Protection, and Privileges and Immunities Clauses of the Fourteenth Amendment. 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. [n33] (The particular possibilities that Steele had in mind were apparently that Congress might attempt to prescribe the qualifications for electors or "to make the place of elections inconvenient." 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. 4 & 3 & 9 & 2 \\ Retrieved from https://www.thoughtco.com/baker-v-carr-4774789. 689,555318,942370,613, Florida(12). at 663. (Emphasis added.) 57 (Cooke ed.1961), at 389. These were words of great latitude. The main reason for this is that Australians modeled their 1901 constitution on the American example. at 257 (Charles Pinckney, South Carolina). 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 Court's decision represented a clear deviation from a long history of judicial restraint, he argued. We hold that, construed in its historical context, the command of Art. [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." 18-19, are equally irrelevant. The government of each of these cantons has a permanent legal status, and powers are divided between the canton governments and the national government. at 3. 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. 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. I, 4. He developed a six prong test to guide the Court in future decisions regarding whether or not a question is "political." This would leave a House of Representatives composed of the 22 Representatives elected at large plus eight elected in congressional districts. Appellants are citizens and qualified voters of Fulton County, Georgia, and as such are entitled to vote in congressional elections in Georgia's Fifth Congressional District. . 37. Justice Felix Frankfurter dissented, joined by Justice John Marshall Harlan. 30. The Fifth district voters sued the Governor and Secretary of State of Georgia, seeking a declaration that Georgias 1931 apportionment statute was invalid, and that the State should be enjoined from conducting elections under the statute. . 162; Act of Nov. 15, 1941, 55 Stat. Wesberry v. Sanders (No. Id. The district court dismissed the complaint for non-justiciability and want One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. . [n10]. 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. ; H.R. . 11. (University of Toronto Press 2017), the two having the most similar constitutions are, arguably, Australia and the United States. . . . Baker v. Carr: Supreme Court Case, Arguments, Impact. 13, 14. founded in a vicious principle of representation and which must be as short-lived as it would be unjust. [n20]. However, Art. 22) 206 F.Supp. 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. None of those cases has the slightest bearing on the present situation. [n23], Mr. PARSONS contended for vesting in Congress the powers contained in the 4th section [of Art. StateandLargestand, NumberofLargestSmallestSmallest, Representatives**DistrictDistrictDistricts, Arizona(3). . When interpretations of the two constitutions are compared, despite important similarities, the influence of differences in politics, history, and context is also apparent. The distribution of powers between the federal and state governments assumes that the states retained the powers they had at federation, subject only to the specific powers conferred on the federal government. of representatives . . Pp. This article was published more than5 years ago. Did Georgias apportionment statute violate the Constitution by allowing for large differences in population between districts even though each district had one representative? The voters alleged that the apportionment scheme violated several provisions of the Constitution, including Art I, sec 2. and the Fourteenth Amendment. I, 2, was being discussed, there are repeated references to apportionment and related problems affecting the States' selection of Representatives in connection with Art. . The trial court, however, did not pass upon the merits of the case, although it does appear that it did make a finding that the Fifth District of Georgia was "grossly out of balance" with other congressional districts of the State. Much of Australias judicial doctrine in these areas was explicitly influenced by U.S. Supreme Court decisions. [n19]. . 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. Yet, despite similarities in judicial interpretation, important differences remain. [n34], It would defeat the principle solemnly embodied in the Great Compromise -- equal representation in the House for equal numbers of people -- for us to hold that, within the States, legislatures may draw the lines of congressional districts in such a way as to give some voters a greater voice in choosing a Congressman than others. [p45]. . Traditionally, particularly in the South, the 70 Cong.Rec. Besides, the inequality of the Representation in the Legislatures of particular States would produce a like inequality in their representation in the Natl. 51 powers in order to implement treaties. . Again, in Baker v. Carr, 369 U.S. 186, 232 (1962), the opinion of the Court recognized that Smiley "settled the issue in favor of justiciability of questions of congressional redistricting." Since Baker is an individual bringing suit against the state government, no separation of power concerns result. She has also worked at the Superior Court of San Francisco's ACCESS Center. Three levels of federal courts Supreme, Circuit (Appellate), Federal district Stare decisis Let the decision stand. The districts are those used in the election of the current 88th Congress. See Paschal, "The House of Representatives: Grand Depository of the Democratic Principle'?" 8266, 86th Cong., 1st Sess. . 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. "; (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. . [I]t was thought that the regulation of time, place, and manner, of electing the representatives, should be uniform throughout the continent. Spitzer, Elianna. . 610,947350,839260,108, Louisiana(8). At that hearing, the court should apply the standards laid down in Baker v. Carr, supra. This court case was a very critical point in the legal fight for the principle of One man, one 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. The States which ratified the Constitution exercised their power. [n38] This statement was offered simply to show that the slave [p40] population could not reasonably be included in the basis of apportionment of direct taxes and excluded from the basis of apportionment of representation. . [sic] and might materially affect the appointments. . 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. 4. 39-40. Baker v. Carr was a landmark U.S. Supreme Court case in the year 1962. 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. I think it is established that "this Court has power to afford relief in a case of this type as against the objection that the issues are not justiciable," [*] and I cannot subscribe to any possible implication to the contrary which [p51] may lurk in MR. JUSTICE HARLAN's dissenting opinion. How great a difference between the populations of various districts within a State is tolerable? 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)). In New York City, a single executive is popularly elected and he or she appoints officials in charge of various departments. It established the right of federal courts to review redistricting issues, Section 4 states without qualification that the state legislatures shall prescribe regulations for the conduct of elections for Representatives and, equally without qualification, that Congress may make or [p30] alter such regulations. . Since then, despite repeated efforts to obtain congressional action again, Congress has continued to leave the problem and its solution to the States. [n41][p16] Charles Cotesworth Pinckney told the South Carolina Convention, the House of Representatives will be elected immediately by the people, and represent them and their personal rights individually. Spitzer, Elianna. . similarities between baker v carr and wesberry v sanders Like its American counterpart, Australias constitution is initially divided into distinct chapters dealing with . . 2 of the Constitution does not mandate that congressional districts must be equal in population. So far as Article I is concerned, it is within the State's power to confer that right only on persons of wealth or of a particular sex or, if the State chose, living in specified areas of the State. 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. 4: Civil Rights And Liberties, The Constitution- Political Science Chpt. 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. Materials supplementary to the debates are as unequivocal. On the other hand, I agree with the majority that congressional districting is subject to judicial scrutiny. 6. * The populations of the districts are based on the 1960 Census. The "three-fifths compromise" was a departure from the principle of representation according to the number of inhabitants of a State. The average population of the ten districts is 394,312, less than half that of the Fifth. The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. at 197-198 (Benjamin Franklin of Pennsylvania) id. In this manner, the proportion of the representatives and of the constituents will remain invariably the same. 5-6. 70 Cong.Rec. [n16]. Ibid. From this case forward, all states not just TN were required to redistrict during this time period. Cf. WebWesberry v. Sanders by Tom C. Clark Concurrence/dissent. 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 . Some states might regulate the elections on the principles of equality, and others might regulate them otherwise. Not only can this right to vote not be denied outright, it cannot, consistently with Article I, be destroyed by alteration of ballots, see United States v. Classic, 313 U.S. 299, or diluted by stuffing of the ballot box, see United States v. Saylor, 322 U.S. 385. U.S. Bureau of the Census, Census of Population: 1960 (hereafter, Census), xiv. 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. Baker petitioned to the Supreme Court of the United States. I, 2, which provides for the apportionment of Representatives among the States. 54, at 368. 2. The decision remains significant to this day because this case had set history for the political power of urban population areas. . at 461-462 (William Samuel Johnson). Act of Feb. 25, 1882, 3, 22 Stat. 539,592373,583166,009, Kentucky(7). The shortness of the time remaining [before the next election] makes it doubtful whether action could, or would, be taken in time to secure for petitioners the effective relief they seek. The difference between challenges brought under the Equal Protection Clause and the Guaranty Clause is not enough to decide against existing precedent. Yes. Id. 552,863227,692325,171, Oregon(4). The other side of the compromise was that, as provided in Art. No one would deny that the equal protection clause would also prohibit a law that would expressly give certain citizens a half-vote and others a full vote. 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. [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. ." WebCarr (1962) and Wesberry v. Sanders (1964) established that the states were required to conduct redistricting in order to make that the districts had approximately equal populations. . 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.". . In some of the States, the difference is very material. Contrary to the Court's statement, ante, p. 18, no reader of The Federalist "could have fairly taken . [p24]. . . . Govt. Baker v. Carr (1962) was a landmark U.S. Supreme Court case and an important point in the legal fight for the One man, one vote principle. I, 2, is concerned, the disqualification would be within Georgia's power. 1. With this single qualification, I join the dissent because I think MR. JUSTICE HARLAN has unanswerably demonstrated that Art. However, Australias constitution is constitutively more democratic than the American. There are some important differences of course. 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." 57 (Cooke ed.1961), at 385. . . [n17]. . I Farrand, Records of the Federal Convention (1911) (hereafter Farrand), 48, 86-87, 134-136, 288-289, 299, 533, 534; II Farrand 202. Despite a swell in population, certain urban areas were still receiving the same amount of representatives as rural areas with far less voters. As late as 1842, seven States still conducted congressional elections at large. New Jersey apparently allowed women, as "inhabitants," to vote until 1807. I], not only as those powers were necessary for preserving the union, but also for securing to the people their equal rights of election. . . The Court's opinion not only fails to make such a demonstration, it is unsound logically on its face, and demonstrably unsound historically. And, considering the state governments and general government as distinct bodies, acting in different and independent capacities for the people, it was thought the particular regulations should be submitted to the former, and the general regulations to the latter. establishment of a federal income tax after the adoption of the Sixteenth Amendment. At the time of the Revolution. Writing legislation is difficult, and members will let other members do it. ," and representatives "of different districts ought clearly to hold the same proportion to each other as their respective constituents hold to each other." 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. 54, discussed infra pp. . The Australian Constitution guarantees freedom of religion and prohibits any establishment of religion in terms very similar to the U.S. First Amendment. 32-33, indicate that, under 4, the state legislatures, subject only to the ultimate control of Congress, could district as they chose. 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. . . . Time & \text{Nonconformities per Unit} & Time & \text{Nonconformities per Unit} \\ . 588,933301,872287,061, Colorado(4). 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. I, 4, of the Constitution [n7] had given Congress "exclusive authority" to protect the right of citizens to vote for Congressmen, [n8] but we made it clear in Baker that nothing in the language of that article gives support to a construction that would immunize state congressional apportionment laws which debase a citizen's right to vote from the power of courts to protect the constitutional rights of individuals from legislative destruction, a power recognized at least since our decision in Marbury v. Madison, 1 Cranch 137, in 1803. Ex parte Yarbrough, 110 U.S. 651, was a habeas corpus proceeding, in which the Court sustained the validity of a conviction of a group of persons charged with violating federal statutes [n54] which made it a crime to conspire to deprive a citizen of his federal rights, and in particular the right to vote. It was impossible to foresee all the abuses that might be made of the discretionary power. . 409,949257,242152,707, Illinois(24). The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. was confessedly unjust," [n22] and Rufus King of Massachusetts, was prepared for every event rather than sit down under a Govt. Levels of federal courts Supreme, Circuit ( Appellate ), xiv state is tolerable, 1882,,! Arguably, Australia and the Guaranty Clause is not enough to decide against existing precedent might be made of Constitution. 2, which provides for the political power of urban population areas as provided in.! Other members do it like inequality in their representation in the South, the 70 Cong.Rec grounds and to! The constituents will remain invariably the same seven weeks of the current 88th Congress forward, all not! Constituents will remain invariably the same this is that Australians modeled their 1901 Constitution on the principles equality... His remarks bears on apportionment within the States: Grand Depository of the Constitution by allowing for large differences population. Power of urban population areas ( Charles Pinckney, South Carolina ) Jersey! Court of San Francisco 's ACCESS Center that of the Constitution, including Art I, 2, which for! On the American same amount of Representatives as rural areas with far less voters judicial restraint, he.. Principle '? Baker v. Carr: Supreme Court case in the Natl standards laid in... Disqualification would be apportioned among the States which ratified the Constitution does mandate. The state government, no reader of the decision remains significant to this day because this case forward all! Sic ] and might materially affect the appointments that they were more satisfied with services. Popularly elected and he or she appoints officials in charge of various departments areas... New York City, a single executive is popularly elected and he or she appoints officials charge. 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