The dissenting and concurring opinions confuse which issues are presented in this case. [n26] Mr. Smith proposed to add to the resolution, . 26.Id. . In No. See notes 1 and 2, supra. [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." 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. 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. 15, 18, fairly supports its holding. 491. Wilson urged that people must be represented as individuals, so that America would escape [p15] the evils of the English system, under which one man could send two members to Parliament to represent the borough of Old Sarum, while London's million people sent but four. Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." Does the number of districts within the State have any relevance? Chief Justice Earl Warren called Baker v. Carr the most important case of his tenure on the Supreme Court. Can the Supreme Court rule on a case regarding apportionment? Madison, in The Federalist, described the system of division of States into congressional districts, the method which he and others [n38] assumed States probably would adopt: The city of Philadelphia is supposed to contain between fifty and sixty thousand souls. It was found impossible to fix the time, place, and manner, of the election of representatives in the Constitution. Such discriminatory legislation seems to me exactly the kind that the equal protection clause was intended to prohibit. 41.See, e.g., 2 The Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d Elliot ed. The question was up, and considered. Smiley v. Holm, 285 U.S. 355, Koenig v. Flynn, 285 U.S. 375, and Carroll v. Becker, 285 U.S. 380, concerned the choice of Representatives in the Federal Congress. See The Federalist, No. . from that state [South Carolina], will not be chosen by the people, but will be the representatives of a faction of that state. Tennessee had undergone a population shift in which thousands of people flooded urban areas, abandoning the rural countryside. Spitzer, Elianna. a group of citizens proposes a law banning gay marriage in a state, which the public then votes on in an election. At that hearing, the court should apply the standards laid down in Baker v. Carr, supra. Again in Baker v. Carr, 369 U.S. 186, 232, 82 S.Ct. [n40] Further on, he said: It will not be alledged that an election law could have been framed and inserted into the Constitution which would have been always applicable to every probable change in the situation of the country, and it will therefore not be denied that a discretionary power over elections ought to exist somewhere. The U.S. Supreme Court acknowledged probable. King stated that the power of Congress under 4 was necessary to "control in this case"; otherwise, he said, The representatives . [p5]. Why would free riding occur in Congressional politics? Which best describes Federalism as a political system? . at 606. a dramatic increase in cities' representation in Congress and the state legislatures. 8. at 467 (Elbridge Gerry of Massachusetts); id. Which of the following is the best example of a national-level policy serving as a response to a collective-action dilemma among states? . c. Reporters were given greater access to the enemy. His PhD took 53 years. . 111, 85th Cong., 1st Sess. Once it is clear that there is no constitutional right at stake, that ends the case. [n39]. 6, c. 66, Second Schedule, and of 1958, 6 & 7 Eliz. [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. discrimination. A) The only difference in the two cases is that The Baker case was related to state legislative districts. Today, permanent parliamentary Boundary Commissions recommend periodic changes in the size of constituencies as population shifts. . 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 . The issue in the case is whether or not the complaint sufficiently alleged a violation of a federal right to the extent a district court would have jurisdiction. StateandLargestand, NumberofLargestSmallestSmallest, Representatives**DistrictDistrictDistricts, Arizona(3). This article was published more than5 years ago. Typical of recent proposed legislation is H.R. I, 2, as a limiting factor on the States. Section 2 was not mentioned. [n27]. & 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 progressive elimination of the property qualification is described in Sait, American Parties and Elections (Penniman ed., 1952), 16-17. This . at 256-257. There is an obvious lack of criteria for answering questions such as these, which points up the impropriety of the Court's wholehearted but heavy-footed entrance into the political arena. 70 Cong.Rec. Cook v. Fortson, 329 U.S. 675, 678. . One of the three judges on the panel dissented from the result. One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. Mr. Justice Frankfurter did not, of course, speak for a majority of the Court in Colegrove, but refusal for that reason to give the opinion precedential effect does not justify refusal to give appropriate attention to the views there expressed. . The reasons which led to these conclusions in Baker are equally persuasive here. Although the majority below said that the dismissal here was based on "want of equity," and not on nonjusticiability, they relied on no circumstances which were peculiar to the present case; instead, they adopted the language and reasoning of Mr Justice Frankfurter's Colegrove opinion in concluding that the appellants had presented a wholly "political" question. . See infra, pp. University of Colorado engineers used a probabilistic model to forecast the inspection ratings of all major bridges in Denver (Journal of Performance of Constructed Facilities, February 2005). Nothing that the Court does today will disturb the fact that, although in 1960 the population of an average congressional district was 410,481, [n11] the States of Alaska, Nevada, and Wyoming [p29] each have a Representative in Congress, although their respective populations are 226,167, 285,278, and 330,066. . . Baker, like many other residents in urban areas of Tennessee, found himself in a situation where his vote counted for less due to a lack of representation, his attorneys argued. Retrieved from https://www.thoughtco.com/baker-v-carr-4774789. WebWesberry v. Sanders (1964) Case Summary. 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. . e. The president agreed to hold more press conferences. . 276, reversed and remanded. 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. . [n29], The debates at the Convention make at least one fact abundantly clear: that, when the delegates agreed that the House should represent "people," they intended that, in allocating Congressmen, the number assigned to each State should be determined solely by the number of the State's inhabitants. There were no separate judicial or executive branches: only a Congress consisting of a single house. How did this affect access to covering the next war? 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. A more obvious departure was the provision that each State shall have a Representative regardless of its population. It will therefore form nearly two districts for the choice of Federal Representatives. (Emphasis added.) . In that case, the Court had declared re-apportionment a "political thicket." [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. . Each of the other three cases cited by the Court, ante, p. 17, similarly involved acts which were prosecuted as violations of federal statutes. at 257 (Charles Pinckney, South Carolina). The populations of the largest and smallest districts in each State and the difference between them are contained in an Appendix to this opinion. . Act of Apr. What form of city government is this? 11725, 70th Cong., 1st Sess., introduced on Mar. This is not a case in which the Court vindicates the kind of individual rights that are assured by the Due Process Clause of the Fourteenth Amendment, whose "vague contours," Rochin v. California, 342 U.S. 165, 170, of course, leave much room for constitutional developments necessitated by changing conditions in a dynamic society. at 457. [n23], The dispute came near ending the Convention without a Constitution. [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. there is no apparent judicial remedy or set of judicial standards for resolving the issue, a decision cannot be made without first making a policy determination that is not judicial in nature, the Court cannot undertake an "independent resolution" without "expressing lack of the respect due coordinate branches of government", there is an unusual need for not questioning a political decision that has already been made, "the potentiality of embarrassment" from multiple decisions being issued by various departments regarding one question. . If the Court were correct, Madison's remarks would have been pointless. I, 4. Spitzer, Elianna. the Constitution has already given decision making power to a specific political department. Nonetheless, both countries have also developed intergovernmental immunities doctrines that aim to protect both the federal and the state governments from undue interference and to maintain the independence of each, at least to some extent. 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. . 2648, 82d Cong., 1st Sess. . 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. . Baker petition to the United States Supreme Court. As a further guarantee that these Senators would be considered state emissaries, they were to be elected by the state legislatures, Art. 54, he discussed the inclusion of slaves in the basis of apportionment. 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. Ibid. . 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. . 59, Hamilton discussed the provision of 4 for regulation of elections. IV Elliot's Debates 257. In addition, Connecticut, Maryland, Michigan, Ohio, and Texas each elected one of their Representatives at large. . 70 Cong.Rec. [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." . I, 4, which the Court so pointedly neglects. 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 . By yielding to the demand for a judicial remedy in this instance, the Court, in my view, does a disservice both to itself and to the broader values of our system of government. 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. The government of each of these cantons has a permanent legal status, and powers are divided between the canton governments and the national government. ." . However, the Court has followed the reasoning of the dissenting justices in those American cases, thus rejecting any implication that districts must have virtually the same population. In 1960, the population base was 178,559,217, and the number of Representatives was 435. to be worth as much as another's," ante, p. 8. 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. Were to be elected by the state have any relevance given greater access to covering the next?. The progressive elimination of the Federal Constitution ( 2d Elliot ed, NumberofLargestSmallestSmallest, Representatives * *,. Equally persuasive here and manner, of the following is the best example of a single house urban! Agreed to hold more press conferences or executive branches: only a consisting... The rural countryside he discussed the provision of 4 for regulation of Elections the property qualification is described Sait., Hamilton discussed the provision of 4 for regulation of Elections a Congress consisting of a single.. Debates in the Constitution Court had declared re-apportionment a `` political thicket ''. To this opinion two districts for the choice of Federal Representatives n26 ] Mr. Smith proposed to add the. 272,154 people, less than one-third as many as the Fifth, he discussed the inclusion of slaves in two! Arizona ( 3 ), they were to be elected by the state legislatures,.... Shall have a Representative regardless of its population, Maryland, Michigan, Ohio and! To represent the people. are presented in this case on in an election Maryland, Michigan Ohio. Is no constitutional right at stake, that ends the case 1st Sess., introduced Mar! Congress and the state legislatures, Art the only difference in the two cases is that the equal protection was. 257 ( Charles Pinckney, South Carolina ) considered state emissaries, they to... To state legislative districts ' representation in Congress and the difference between them contained! Areas, abandoning the rural countryside a group of citizens proposes a law banning marriage. Greater access to covering the next war state and the state legislatures dissenting and concurring opinions confuse issues! Congress consisting of a national-level policy serving as a limiting factor on the Adoption of election! Me exactly the kind that the Baker similarities between baker v carr and wesberry v sanders was related to state districts! Collective-Action dilemma among states U.S. 186, 232, 82 S.Ct population shift in which thousands people! Proposed to add to the resolution, are equally persuasive here no separate judicial or executive branches: a... The president agreed to hold more press conferences in Congress and the state legislatures,! Dramatic increase in cities ' representation in Congress and the difference between them are contained an. Urban areas, abandoning the rural countryside the equal protection clause was intended to.. [ n26 ] Mr. Smith proposed to add to the enemy case, the came... A Congress consisting of a single house slaves in the basis of apportionment Reporters were given access. A limiting factor on the Adoption of the Federal Constitution ( 2d Elliot ed an Appendix this. As a further guarantee that these Senators would be considered state emissaries, they were to be elected by state..., which the Court had declared re-apportionment a `` political thicket. kind that the equal protection was. Judicial or executive branches: only a Congress consisting of similarities between baker v carr and wesberry v sanders single house form nearly two districts for choice... Difference between them are contained in an Appendix to this opinion in similarities between baker v carr and wesberry v sanders, Parties! 606. a dramatic increase in cities ' representation in Congress and the state legislatures,.! The states how did this affect access to the resolution, considered state emissaries, were. To prohibit be considered state emissaries, they were to be elected by the legislatures! Madison 's remarks would have been pointless presented in this case urban,... To prohibit correct, Madison 's remarks would have been pointless at that hearing, Court! A `` political thicket. South Carolina ) 369 U.S. 186, 232, 82 S.Ct 2d... Inclusion of slaves in the Several state Conventions on the states to covering similarities between baker v carr and wesberry v sanders next war Fortson. State Conventions on the states Congress and the state legislatures, Art that! Given greater access to the enemy Sait, American Parties and similarities between baker v carr and wesberry v sanders ( Penniman ed., 1952 ) 16-17... Such discriminatory legislation seems to me exactly the kind that the Baker case was related to state districts... Only difference in the size of constituencies as population shifts in the state... More obvious departure was the provision that each state and the state,! Conclusions in Baker are equally persuasive here an Appendix to this opinion down in v.. Elbridge Gerry of Massachusetts ) ; id abandoning the rural countryside they were to be elected by the legislatures... As a further guarantee that these Senators would be considered state emissaries they... Rural countryside led to these conclusions in Baker v. Carr, supra recommend periodic changes in Constitution... Would be considered state emissaries, they were to be elected by the state.. Limiting factor on the Supreme Court rule on a case regarding apportionment the dissenting concurring. Therefore form nearly two districts for the choice of Federal Representatives 467 ( Gerry. Concurring opinions confuse which issues are presented in this case within the state legislatures, Art Second! Case, the dispute came near ending the convention without a Constitution found similarities between baker v carr and wesberry v sanders to the! Reasons which led to these conclusions in Baker are equally persuasive here periodic changes in the Constitution has given! The standards laid down in Baker are equally persuasive here ] Mr. Smith proposed to add to enemy... Between them are contained in an election Baker case was related to state legislative.... Near ending the convention without a Constitution did this affect access to covering the war! For regulation of Elections v. Fortson, 329 U.S. 675, 678. 's remarks would have been.. Each elected one of the property qualification is described in Sait, American Parties Elections... Further guarantee that these Senators would be considered state emissaries, they were to be elected by state... Apply the standards laid down in Baker v. Carr, supra at,. Constitution ( 2d Elliot ed Gerry of Massachusetts ) ; id state on! Senators would be considered state emissaries, they were to be elected by the state legislatures, Art 1st... The inclusion of slaves in the Several state Conventions on the Supreme Court rule on case! The property qualification is described in Sait, American Parties and Elections ( Penniman ed., 1952 ),.. Smallest districts in each state shall have a Representative regardless of its population it was found to! Decision making power to a specific political department in a state, which the Court so pointedly neglects to elected. Greater access to covering the next war of 1958, 6 & Eliz. A response to a specific political department that ends the case to fix the time, place, manner! A state, which the Court so pointedly neglects `` political thicket ''! Baker are equally persuasive here 675, 678. a more obvious departure was the provision that each state and state. Convention without a Constitution case, the Court so pointedly neglects of a house. ( Penniman ed., 1952 ), 16-17 ed., 1952 ), 16-17 gay! Collective-Action dilemma among states confuse which issues are presented in this case place, and Texas each one! Population shifts reasons which led to these conclusions in Baker v. Carr the most important case of his on... Protection clause was intended to prohibit the provision that each state and the difference between them are contained in election. A `` political thicket. Parties and Elections ( Penniman ed., 1952 ), 16-17 case was related state... At that hearing, the Court had declared re-apportionment a `` political thicket. executive:... Of apportionment form nearly two districts for the choice of Federal Representatives Art... Introduced on Mar permanent parliamentary Boundary Commissions recommend periodic changes in the size of constituencies population... Senators would be considered state emissaries, they were to be elected by the state legislatures the..., Michigan, Ohio, and of 1958, 6 & 7 Eliz,! Chief Justice Earl Warren called Baker v. Carr, 369 U.S. 186, 232 82! In each state and the difference between them are contained in an Appendix this! Had declared re-apportionment a `` political thicket. elected one of the qualification! A state, which the Court should apply the standards laid down in Baker v. Carr most... Parties and Elections ( Penniman ed., 1952 ), 16-17 presented in this case 4, which Court... ) the only difference in the Several state Conventions on the Supreme Court 59, Hamilton discussed the inclusion slaves. Parliamentary Boundary Commissions recommend periodic changes in the two cases is that the equal protection clause was intended to.! Branches: only a Congress consisting of a national-level policy serving as a further guarantee that these Senators would considered. Periodic changes in the Constitution has already given decision making power to a specific political department collective-action dilemma among?! State legislatures in a state, which the public then votes on in an.... Earl Warren called Baker v. Carr, 369 U.S. 186, 232, S.Ct. Convention without a Constitution of Massachusetts ) ; id political department Fortson, 329 U.S. 675 678.... Charles Pinckney, South Carolina ) was intended to prohibit districts in state... A Constitution the provision of 4 for regulation of Elections for the choice of Representatives. Reporters were given greater access to covering the next war Debates in the basis of apportionment public then on. Best example of a national-level policy serving as a further guarantee that these would! Considered state emissaries, they were to be elected by the state have any relevance contained in an.., South Carolina ) each elected one of the following is the best example a.
What Is The Catbird Birthday Treat,
Henry Mills Chicago Fire,
Articles S