Of course, this is true; but the precise issue presented is the duration of the time of war which demands the power. Six of them required or permitted apportionment of both Houses by population, subject only to qualifications concerning local boundaries. By the late 1960s, voting districts around the country had been redrawn to obey the Supreme Court's call for equal representation. Board of Supervisors, 339 U. Lightfoot, , we applied the Fifteenth Amendment to strike down a redrafting of municipal boundaries which effected a discriminatory impairment of voting rights, in the face of what a majority of the Court of Appeals thought to be a sweeping commitment to state legislatures of the power to draw and redraw such boundaries.
Here, according to petitioner's own claim, all the organs of the state are conforming to a practice, systematic, unbroken for more than forty years, and now questioned for the first time. The large majority in this case can in many ways be attributed to Justice Brennan, who convinced Potter Stewart that the case was a narrow ruling dealing only with the right to challenge the statute. This, with respect to apportionment, means an inquiry into the theoretic base of representation in an acceptably republican state. Just as the Court has consistently held that a challenge to state action based on the Guaranty Clause presents no justiciable question, so has it held, and for the same reasons, that challenges to congressional action on the ground of inconsistency with that clause present no justiciable question. Johnson, 1989 and other Supreme Court flag-desecration cases, see Related Links, below.
To a second argument, that Colegrove v. The new district was 160 miles long and in some places was no wider than the interstate highway. Since the District Court obviously and correctly did not deem the asserted federal constitutional claim unsubstantial and frivolous, it should not have dismissed the complaint for want of jurisdiction of the subject matter. Other reasons support this view, including the fact that, in my opinion, the basic ruling and less important ones in Smiley v. Brennan believed the case rested on the Fourteenth Amendment Equal Protection Clause, which allowed the federal courts to hear the case.
Thayer, , we reversed the Nebraska Supreme Court's decision that Nebraska's Governor was not a citizen of the United States or of the State, and therefore could not continue in office. The early 1900s saw both population increases and rapid urban migration in America. The nonjusticiability of a political question is primarily a function of the separation of powers. The General Assembly of Tennessee consists of the Senate, with 33 members, and the House of Representatives, with 99 members. It is this last figure that I use here in an effort to make the comparisons clear. Baker appealed and the U.
Carr and other seminal cases established that it can be brought before the courts. Hughes, , ; compare Leser v. There, the question was whether a government republican in form could deny the vote to women. Such provisions will almost inevitably produce numerical inequalities. Sandoval, supra, at ; cf. And the Supreme Court of Tennessee has refused to invalidate the law establishing these unequal districts. It elects 1 three direct representatives value 3.
Surely it lies within the province of a state legislature to conclude that an existing allocation of senators and representatives constitutes a desirable balance of geographical and demographical representation, or that, in the interest of stability of government, it would be best to defer for some further time the redistribution of seats in the state legislature. Within limits, those qualifications may be fixed by state law. The recognition of their necessity as a condition of legislation is left, as is observance of certain other constitutional commands, to the conscience of the nonjudicial organs. Carr was the nominal defendant in the case because his office was responsible for conducting elections, not because he or his office had been responsible for creating policy or voting districts. Such doubt would have been inconsistent with the professed willingness to turn the decision on either the majority or concurring views in Wood v.
When the drawing of district lines has been considered unfair, the issue has proceeded to the courts. To find such a political conception legally enforceable in the broad and unspecific guarantee of equal protection is to rewrite the Constitution. It also ultimately affected the composition of state legislative districts as well, which in Alabama and numerous other states had overrepresented rural districts and underrepresented urban districts with much greater populations. The Supreme Court, however, decided that the questions was primarily one of constitutionality, not one of politics, and ruled that the District Court should decide the case. It would be ingenuous not to see, or consciously blind to deny, that the real battle over the initiative and referendum, or over a delegation of power to local, rather than statewide authority, is the battle between forces whose influence is disparate among the various organs of government to whom power may be given. Where the question arises in the course of a litigation involving primarily the adjudication of other issues between the litigants, the Court accepts as a basis for adjudication the political departments' decision of it. They are adjusted rather by inclination -- or prejudice or compromise, often.
In such instances, there is no conflict between state policy and the exercise of federal judicial power. Baker decided the only way to correct the financial woes of Tennessee cities was to force the Tennessee government to reapportion the legislative districts so that each member of the legislature represented about the same number of people. And it is further perfectly evident that the variations are attributable to nothing more than the circumstance that the then enumeration of voters resulted in fractional remainders with respect to which the precise formula of the Tennessee Constitution was, in some instances, slightly disregarded. In that case, a corporation tax statute enacted by the initiative was attacked ostensibly on three grounds: 1 due process; 2 equal protection, and 3 the Guaranty Clause. On the other hand, Joe Carr was litigated in his status as the Secretary of States for Tennessee. The claim pleaded here does not rest upon, nor implicated the Guaranty clause and is justiciable, thus it is not foreclosed by our previous decisions. A federal court enforcing the Federal Constitution is not, to be sure, bound by the remedial doctrines of the state courts.
This is the gist of the question of standing. Connell, , with United States v. To show why we reject the argument based on the Guaranty Clause, we must examine the authorities under it. Therefore, we would not only not have any existing members of the General Assembly, but we would have no apportionment act whatever under which a new election could be held for the election of members to the General Assembly. The complaint alleges that the 1901 statute effects an apportionment that deprives the appellants of the equal protection of the laws in violation of the Fourteenth Amendment. This part of the Constitution states that the Federal Government has the right to control and maintain jurisdiction over state laws.