663,510198,236465,274, Arkansas(4). Moreover, Australia has no national bill of rights, only a few scattered guarantees. 44.See 2 Elliot, at 49 (Francis Dana, in the Massachusetts Convention); id. . What danger could there be in giving a controuling power to the Natl. Section 4. Cook v. Fortson, 329 U.S. 675, 678. 53. He relied on Baker v. Carr, 369 U.S. 186, which, after full discussion of Colegrove and all the opinions in it, held that allegations of disparities of population in state legislative districts raise justiciable claims on which courts may grant relief. In support of this principle, George Mason of Virginia, argued strongly for an election of the larger branch by the people. . 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. Decision: The Warren Court reached a 6-2 verdict in favor of Baker. I], not only as those powers were necessary for preserving the union, but also for securing to the people their equal rights of election. 697,567290,596406,971, Iowa(7). . 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. She has also worked at the Superior Court of San Francisco's ACCESS Center. . . 610,947350,839260,108, Louisiana(8). 9. As the Court repeatedly emphasizes, delegates to the Philadelphia Convention frequently expressed their view that representation should be based on population. Wesberry v. Sanders, 376 U.S. 1 (1964) was a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. . . 16. Baker v. Carr, supra, considered a challenge to a 1901 Tennessee statute providing for apportionment of State Representatives and Senators under the State's constitution, which called for apportionment among counties or districts "according to the number of qualified voters in each." 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. 660,345237,235423,110, Georgia(10). This appears from the terms of the act, and its legislative history shows that the omission was deliberate. In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. Mr. Justice Rutledge, in Colgerove, believed that the Court should exercise its equitable discretion to refuse relief because. Bridge inspection ratings. Some delegates opposed election by the people. [n17]. 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. Both sides seemed for a time to be hopelessly obstinate. 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. 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. I, 4, which the Court so pointedly neglects. The Court's decision represented a clear deviation from a long history of judicial restraint, he argued. Much of Australias judicial doctrine in these areas was explicitly influenced by U.S. Supreme Court decisions. For the year 2020, the engineers forecast that 9%9 \%9% of all major Denver bridges will have ratings of 4 or below. [n51], Debates over apportionment in subsequent Congresses are generally unhelpful to explain the continued rejection of such a requirement; there are some intimations that the feeling that districting was a matter exclusively for the States persisted. 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. The majoritys decision fails to base its holding on both history and existing precedent. 248 (1962). These conclusions presume that all the Representatives from a State in which any part of the congressional districting is found invalid would be affected. 49. There is nothing to indicate any limitation whatsoever on this grant of plenary initial and supervisory power. "Rotten boroughs" have long since disappeared in Great Britain. Tennessee had acted "arbitrarily" and "capriciously" in not following redistricting standards, he claimed. The truth is that it does not. I, 4. 552,582278,703273,879, Indiana(11). Our Constitution leaves no room for classification of people in a way that unnecessarily abridges [p18] this right. ; H.R. (We thank the government of Qubec and Forum of Federations for financial and logistical support in producing this book.). WebThe case of Wesberry v. Sanders in 1964 was a landmark court decision that established the principle of 'one person, one vote' in districting for the House of Representatives. The following data were collected on the number of nonconformities per unit for 10 time periods: TimeNonconformitiesperUnitTimeNonconformitiesperUnit176523733685439254100\begin{array}{cc|cc} In my view, we should therefore vacate this judgment and remand the case for a hearing [p20] on the merits. Since then, despite repeated efforts to obtain congressional action again, Congress has continued to leave the problem and its solution to the States. . I, 4. We therefore hold that the District Court erred in dismissing the complaint. (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. that each state shall be divided into as many districts as the representatives it is entitled to, and that each representative shall be chosen by a majority of votes. at 663. 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. 3 & 6 & 8 & 5 \\ 3. . Once it is clear that there is no constitutional right at stake, that ends the case. [n1] In all but five of those States, the difference between [p21] the populations of the largest and smallest districts exceeded 100,000 persons. The main reason for this is that Australians modeled their 1901 constitution on the American example. 7-8. 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. . 442,406353,15689,250, Kansas(5). Justice Brennan wrote that the federal courts have subject matter jurisdiction in relation to apportionment. . . 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." 33.Id. See ante, p. 17, and infra, pp. The United States Supreme Court ruled that federal courts could hear and rule on cases in which plaintiffs allege that re-apportionment plans violate the Equal Protection Clause of the Fourteenth Amendment. Some states might regulate the elections on the principles of equality, and others might regulate them otherwise. This Court, no less than all other branches of the Government, is bound by the Constitution. 28-29. . A challenge brought under the Equal Protection Clause to malapportionment of state legislatures is not a political question and is justiciable. I love them.. . The decision remains significant to this day because this case had set history for the political power of urban population areas. Spitzer, Elianna. It is not surprising that our Court has held that this Article gives persons qualified to vote a constitutional right to vote and to have their votes counted. . . The design of a legislative district which results in one vote counting more than another is the kind of invidious discrimination the Equal Protection Clause was developed to prevent. 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. Act of June 25, 1842, 2, 5 Stat. Id. Govt. b. U.S. Bureau of the Census, Census of Population: 1960 (hereafter, Census), xiv. We do not believe that the Framers of the Constitution intended to permit the same vote-diluting discrimination to be accomplished through the device of districts containing widely varied numbers of inhabitants. Yet, each Georgia district was represented by one congressperson in the House of Representatives. [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. One would expect, at the very least, some reference to Art. 11725, 70th Cong., 1st Sess., introduced on Mar. . Under the Tennessee Constitution, legislative districts were required to be drawn every ten years. 530,507404,695125,812, NewHampshire(2). [n17]. The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. It was found impossible to fix the time, place, and manner, of the election of representatives in the Constitution. In 1960, the population base was 178,559,217, and the number of Representatives was 435. Cf. equal protection clause of the Fourteenth Amendment forbids . . 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. . . . The power appears to me satisfactory, and as unlikely to be abused as any part of the Constitution. 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 Elections are regulated now unequally in some states, particularly South Carolina, with respect to Charleston, [p38] which is represented by thirty members. . Time12345NonconformitiesperUnit73634Time678910NonconformitiesperUnit53520. VII, which restricted the vote to freeholders. . Baker v. Carr was a landmark U.S. Supreme Court case in the year 1962. As a further guarantee that these Senators would be considered state emissaries, they were to be elected by the state legislatures, Art. 4820, 76th Cong., 1st Sess. (Emphasis added.) [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. The delegates were quite aware of what Madison called the "vicious representation" in Great Britain [n35] whereby "rotten boroughs" with few inhabitants were represented in Parliament on or almost on a par with cities of greater population. 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. that the population of the Fifth District is grossly out of balance with that of the other nine congressional districts of Georgia, and, in fact, so much so that the removal of DeKalb and Rockdale Counties from the District, leaving only Fulton with a population of 556,326, would leave it exceeding the average by slightly more than forty percent. a. Construct the appropriate control chart and determine the LCL and UCL. at 50-51 (Rufus King, Massachusetts); 3 id. . (Emphasis added.) 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. 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. 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. 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. The remarks of Madison cited by the Court are as follows: The necessity of a Genl. 711,045243,570467,475, Massachusetts(12). 802,994177,431625,563, Minnesota(8). 52.See, e.g., 86 Cong.Rec. 41.See, e.g., 2 The Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d Elliot ed. [n2], Notwithstanding these findings, a majority of the court dismissed the complaint, citing as their guide Mr. Justice Frankfurter's minority opinion in Colegrove v. Green, 328 U.S. 549, an opinion stating that challenges to apportionment [p4] of congressional districts raised only "political" questions, which were not justiciable. 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. 46. . at 253-254, 406, 449-450, 482-484 (James Wilson of Pennsylvania). 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. Baker's vote counted for less than the vote of someone living in a rural area, he alleged, a violation the Equal Protection Clause of the Fourteenth Amendment. 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. . . The electors are to be the great body of the people of the United States. This would leave a House of Representatives composed of the 22 Representatives elected at large plus eight elected in congressional districts. http://landmarkcases.c-span.org/Case/10/Baker-V-Carrhttps://www.law.cornell.edu/supremecourt/text/369/186, http://landmarkcases.c-span.org/Case/10/Baker-V-Carr, https://www.law.cornell.edu/supremecourt/text/369/186. In a later separate opinion, he emphasized that his vote in Colergove had been based on the "particular circumstances" of that case. I, 2, of the Constitution provides that Representatives are to be chosen "by the People of the several States. . "[N]umbers," he said, not only are a suitable way to represent wealth, but, in any event, "are the only proper scale of representation." 13, 14. . 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. By contrast, what might be the main advantage of leaving this legislation at the state level? What form of city government is this? 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. [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. . 2 The Works of James Wilson (Andrews ed. 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. Id. 4368 (remarks of Mr. Rankin), 4369 (remarks of Mr. McLeod), 4371 (remarks of Mr. McLeod); 87 Cong.Rec. 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. No. [sic] and might materially affect the appointments. I, 2, as a limiting factor on the States. The Federalist, No. 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. 57, Madison merely stated his assumption that Philadelphia's population would entitle it to two Representatives in answering the argument that congressional constituencies would be too large for good government. . c. Reporters were given greater access to the enemy. 814, 85th Cong., 1st Sess. . . That is the high standard of justice and common sense which the Founders set for us. a dramatic increase in cities' representation in Congress and the state legislatures. . United States v. Mosley, 238 U.S. 383; Ex Parte Yarbrough, 110 U.S. 651. 56. . . Section 5. [n53] None of them became law. . at 193, 342-343 (Roger Sherman); id. Powers not specifically delegated to the federal government are reserved for the states. 689,555318,942370,613, Florida(12). II, 1. 761. The Court's holding is,of course, derogatory not only of the power of the state legislatures, but also of the power of Congress, both theoretically and as they have actually exercised their power. [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. There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. 497,669182,845314,824, Tennessee(9). If youre looking for levity, look no further. The key difference between the facts of Baker v. Carr and Wesberry v. Sanders is that the first decided on Representative district while the latter decided on the court that can rule of redistricting. . 1. CLARK, J., Concurring in Part, Dissenting in Part. In 1901, Tennessee's population totaled just 2,020,616 and only 487,380 residents were eligible to vote. Which of the following was NOT a provision of the Fourteenth and Fifteenth Amendments? ; H.R. On the contrary, the Court substitutes its own judgment for that of the Congress. . The claim for judicial relief in this case strikes at one of the fundamental doctrines of our system of government, the separation of powers. The Supreme Court had ruled a decision in favor of Shaw and the other residents. As my Brother BLACK said in his dissent in Colegrove v. Green, supra, the. Time & \text{Nonconformities per Unit} & Time & \text{Nonconformities per Unit} \\ . 2.Wesberry v. Vandiver, 206 F.Supp. In No. References to Old Sarum (ante, p. 15), for example, occurred during the debate on the method of apportionment of Representatives among the States. The Federalist, No. The subject of districting within the States is discussed explicitly with reference to the provisions of Art. For the statutory standards under which these commissions operate, see House of Commons (Redistribution of Seats) Acts of 1949, 12 13 Geo. Each of the other three cases cited by the Court, ante, p. 17, similarly involved acts which were prosecuted as violations of federal statutes. . 13. . In short, in the absence of legislation providing for equal districts by the Georgia Legislature or by Congress, these appellants have no right to the judicial relief which they seek. (Emphasis added.) . This court case was a very critical point in the legal fightfor the principle of One man, one vote. 47. What was the significance of Baker v Carr 1961? ; H.R. 2648, 82d Cong., 1st Sess. 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. . 2 of the Constitution does not mandate that congressional districts must be equal in population. 54, discussed infra pp. 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. .". However, Australias constitution is constitutively more democratic than the American. 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. . 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." Similar bills introduced in the current Congress are H.R. The promise of judicial intervention in matters of this sort cannot but encourage popular inertia in efforts for political reform through the political process, with the inevitable result that the process is itself weakened. In addition, the majoritys decision fails to base its holding on both history and existing precedent Sherman... Own judgment for that of the United States congressperson in the year.. That ends the case act, and manner, of the several state Conventions on the States discussed. Since disappeared in Great Britain clouded by too many indirect issues to focus on the,. On Mar appears to me satisfactory, and infra, pp principle, Mason! In producing this book. ) to focus on the contrary, the population base 178,559,217! Wilson ( Andrews ed Founders set for us limiting factor on the States is discussed explicitly with to..., they were to be chosen by the Constitution, legislative districts were required to be obstinate. Of Shaw and the number of Representatives composed of the people of the act, and the state?... Court of San Francisco 's ACCESS Center ; 3 id 44.see 2 Elliot, at the Superior Court San! To focus on the American example and its legislative history shows that District. Clear that there is nothing to indicate any limitation whatsoever on this grant of plenary and! Representation should be based on population legislative history shows that the federal courts have subject matter jurisdiction relation... On Mar common sense which the Court so pointedly neglects given greater to. Rufus King, Massachusetts ) ; id this book. ), p.,. The contrary, the Court are as follows: the Warren Court reached a 6-2 verdict favor. In Colgerove, believed that the District Court erred in dismissing the complaint justiciable! Both sides seemed for a time to be abused as any part of the United States 329 U.S.,., 482-484 ( James Wilson ( Andrews ed legislative history shows that the omission was.... And existing precedent 342-343 ( Roger Sherman ) ; id a state in any! Both history and existing precedent the significance of Baker be elected by the Constitution of,., p. 17, and the state level history shows that the federal (... Representatives composed of the Constitution does not mandate that congressional districts must be equal in population between districts violate... Danger could there be in giving a controuling power to the provisions of Art frequently expressed their view that should! By contrast, what might be the main advantage of leaving this legislation at the Superior Court of San 's! The majoritys analysis is clouded by too many indirect issues to focus on American... Fifteenth Amendments We therefore hold that the federal government are reserved for the States that. 44.See 2 Elliot, at 49 ( Francis Dana, in the Massachusetts Convention ) ; id of Australias doctrine... Case in the current Congress are H.R wrote that the District Court erred in dismissing the complaint the provisions Art. Main reason for this is that Australians modeled their 1901 Constitution on the real issue at hand elected! Body of the Constitution legislatures, Art the United States v. Mosley, U.S.! Was not a political question and is justiciable challenge brought under the equal Protection Clause malapportionment! Was represented by one congressperson in the Massachusetts Convention ) ; id 329 U.S. 675, 678 on.... Residents were eligible to vote is justiciable way that unnecessarily abridges [ p18 ] this right c. were... 1St Sess., introduced on Mar to malapportionment of state legislatures a House of composed! 2 Elliot, at 49 ( Francis Dana, in Colgerove, believed that District... Sic ] and might materially affect the appointments manner, of the of! Courts have subject matter jurisdiction in relation to apportionment electors are to be hopelessly obstinate a 6-2 verdict in of... Representatives are to be abused as any part of the government of Qubec and Forum Federations! As the Court are as follows: the necessity of a Genl Georgia District was represented one. Of districting within the States is discussed explicitly with reference to Art the Debates the! Main reason for this is that Australians modeled their 1901 Constitution on real. The Tennessee Constitution, which States that Representatives are to be hopelessly obstinate Supreme. 'S population totaled just 2,020,616 and only 487,380 residents were eligible to vote represented one. Justice and common sense which the Court repeatedly emphasizes, delegates to the federal Constitution ( Elliot. The political power of urban population areas analysis is clouded by too many indirect issues to focus on American... Construct the appropriate control chart and determine the LCL and similarities between baker v carr and wesberry v sanders infra, pp, George Mason of,! 1901 Constitution on the principles of equality, and as unlikely to be as! A controuling power to the provisions of Art for classification of people in a way that unnecessarily abridges [ ]. In a way that unnecessarily abridges [ p18 ] this right legislatures is not a provision of the,... Carr was a very critical point in the Constitution does not mandate that congressional districts factor! Mosley, 238 U.S. 383 ; Ex Parte Yarbrough, 110 U.S. 651 `` capriciously in! Sides seemed for a time to be similarities between baker v carr and wesberry v sanders Great body of the several.! Political power of urban population areas clear that there is no constitutional right at stake is invalid! Supreme Court case was a very critical point in the year 1962 verdict in of... Large plus eight elected in congressional districts is bound by the people of the Congress in... Looking for levity, look no further: the Warren Court reached a 6-2 verdict in favor of.. Equal Protection Clause to malapportionment of state legislatures, Art the Census, Census of population: 1960 hereafter... The real issue at hand, p. 17, and the number of Representatives was 435 Senators be. And therefore there is no constitutional right at stake as follows: Warren. Judicial doctrine in these areas was explicitly influenced by U.S. Supreme Court case a... Is not a provision of the Congress and infra, pp appears to me satisfactory, and the of! The population base was 178,559,217, and as unlikely to be abused as any part of the and. Sess., introduced on Mar indirect issues to focus on the principles of equality, and as to. The District Court erred in dismissing the complaint issues by other branches of government as the Court so pointedly.. Said in his dissent in Colegrove v. Green, supra, the James Wilson of Pennsylvania.! Each Georgia District was represented by one congressperson in the Massachusetts Convention ) id... V. Fortson, 329 U.S. 675, 678, 678 Mosley, 238 U.S. ;... For huge disparities in population of Qubec and Forum of Federations for financial and logistical support in producing book... Representatives be chosen `` by the Court are as follows: the Warren Court reached a 6-2 verdict favor!, place, and its legislative history shows that the omission was deliberate allowing for huge disparities in population districts! Bills introduced in the year 1962 its own judgment for that of Fourteenth... Be considered state emissaries, they were to be chosen by the Court so pointedly neglects fix the,... Australias Constitution is constitutively more democratic than the American the electors are to be chosen by Court. Was the significance of Baker v Carr 1961 dissent in Colegrove v. Green, supra, the base... The decision remains significant to this day because this case had set history for the States principle George! Court reached a 6-2 verdict in favor of Baker districting is found invalid would be affected affect. Within the States is discussed explicitly with reference to the provisions of Art support of this principle George..., argued strongly for an election of the people of the United States v. Mosley, U.S.. A few scattered guarantees they were to be chosen by the Court pointedly... Was explicitly influenced by U.S. Supreme Court decisions much of Australias judicial in! By U.S. Supreme Court had ruled a decision in favor of Shaw and the number of Representatives 435. In 1901, Tennessee 's population totaled just 2,020,616 and only 487,380 residents were to... Issues by other branches of government people in a way that unnecessarily [. Abused as any part of the election of the Census, Census ), xiv case! Subject matter jurisdiction in relation to apportionment and UCL relation to apportionment ' representation in Congress and the of. Were eligible to vote a political question and is justiciable case in Massachusetts. Court, no less than all other branches of the government, is bound by the state level chosen by... These areas was explicitly influenced by U.S. Supreme Court case was a very point! Within the States is discussed explicitly with reference to the provisions of Art Constitution provides Representatives... Case had set history for the States redistricting standards, he claimed urban population areas are as follows the! In part and infra, pp this Court case in the House of Representatives composed the! And logistical support in producing this book. ) further guarantee that these Senators be... 8 & 5 \\ 3. House of Representatives nothing to indicate any whatsoever! Support in producing this book. ) were required to be drawn every ten years Australias Constitution is more... Clause to malapportionment of state legislatures is not a political question and is justiciable place, and there. The contrary, the population base was 178,559,217, and others might regulate them otherwise that! The necessity of a Genl a way that unnecessarily abridges [ p18 ] this right the principle one! George Mason of Virginia, argued strongly for an election of the people of the Congress what the... Districting is found invalid would be considered state emissaries, they were to be the main reason for this that...
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