The Three Friends, , ,. And so the question is, may a State weight the vote of one county or one district more heavily than it weights the vote in another? This basis seems to have been employed by the General Assembly in apportioning legislative seats from the outset. But surely one need not search far to find rationality in the Legislature's continued refusal to recognize the growth of the urban population that has accompanied the development of industry over the past half decade. This principle was formally enunciated in 1964. Chief Justice Hughes, for the Court, in Coleman v.
The doctrine of political questions, like any other, is not to be applied beyond the limits of its own logic, with all the quiddities and abstract disharmonies it may manifest. Baker appealed and the U. He wrote that Baker's complaint clearly arose from a provision of the U. § 1343 3 and 42 U. They sought, inter alia, a declaratory judgment that the 1901 statute is unconstitutional and an injunction restraining certain state officers from conducting any further elections under it.
Gross disregard of any assumption that our political system implies even approximation to the notion that individual votes in the various districts within a State should have equal weight is as true, e. Instead, however, of doing any of these things, the attack on the statute here made is of a wholly different character. I I can find nothing in the Equal Protection Clause or elsewhere in the Federal Constitution which expressly or impliedly supports the view that state legislatures must be so structured as to reflect with approximate equality the voice of every voter. But they are permitted to vote and their votes are counted. Since we hold that appellants have -- if it develops at trial that the facts support the allegations -- a cognizable federal constitutional cause of action resting in no degree on rights guaranteed or putatively guaranteed by the Tennessee Constitution, we do not consider, let alone enforce, rights under a State Constitution which go further than the protections of the Fourteenth Amendment. At the risk of being accused of picking out a few of the horribles I shall allude to a series of examples that are taken from Table I. Whether dismissal of this case should have been for want of jurisdiction or, as is suggested in Bell v.
The influence of these converging considerations -- the caution not to undertake decision where standards meet for judicial judgment are lacking, the reluctance to interfere with matters of state government in the absence of an unquestionable and effectively enforceable mandate, the unwillingness to make courts arbiters of the broad issues of political organization historically committed to other institutions and for whose adjustment the judicial process is ill-adapted -- has been decisive of the settled line of cases, reaching back more than a century, which holds that Art. While Loudon and Anderson Counties are substantially underrepresented, this is because of their proximity to Knox County, which outweighs their votes in the Sixth Senatorial District and in the Eighth Floterial District. Whether, when the issue to be decided is one of the constitutional adequacy of this particular apportionment, taxation arguments and exhibits as now presented add anything, or whether they could add anything however presented, is for the District Court in the first instance to decide. Broom, , reversing 1 F. Nor need the appellants, in order to succeed in this action, ask the Court to enter upon policy determinations for which judicially manageable standards are lacking. This landmark decision opened the way for numerous suits on.
North Carolina, , simply dismissed an appeal from an unsuccessful suit to upset a State's removal procedure, on the ground that the constitutional claim presented -- that a jury trial was necessary if the removal procedure was to comport with due process requirements -- was frivolous. New Jersey, ; Risty v. Following the initial argument on April 19 and 20, 1961, the case was reargued on October 9, 1961. On March 26, 1962, the U. On a county-by-county comparison a districting plan based thereon naturally will have disparities in representation due to the qualifications.
Therefore, he requested the government to send help to cope with the problems of urban growth. Such a situation developed in Tennessee. But certainly there must be some rational design to a State's districting. North Dakota does not, in terms, demand equality in House representation; members are to be assigned among the several senatorial districts, which are of equal population. True, it must be clear that the Fourteenth Amendment claim is not so enmeshed with those political question elements which render Guaranty Clause claims nonjusticiable as actually to present a political question itself. 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.
Burroughs, 1 Woods 463, 471-472 Bradley, Circuit Justice ; cf. The required that legislative districts for the be redrawn every ten years according to the federal to provide for districts of substantially equal population as was to be done for congressional districts. However, Commissions are given discretion to depart from the strict application of the local boundary rule to avoid excessive disparities between the electorate of a constituency and the electoral quota, or between the electorate of a constituency and that of neighboring constituencies. On the other hand, even in private litigation which directly implicates no feature of separation of powers, lack of judicially discoverable standards and the drive for evenhanded application may impel reference to the political departments' determination of dates of hostilities' beginning and ending. It is the nature of the controversies arising under it, nothing else, which has made it judicially unenforceable. In particular, we shall discover that the nonjusticiability of such claims has nothing to do with their touching upon matters of state governmental organization.
Room continues to be allowed for weighting. Unless such de minimis departures are to be deemed of significance, these statistics certainly provide no substantiation for the charge that the 1901 apportionment was arbitrary and capricious. The majority appears to hold, at least sub silentio, that an invidious discrimination is present, but it remands to the three-judge court for it to make what is certain to be that formal determination. The districting rules adopt the basic principle of representation by population, although the principle is significantly modified by directions to respect local geographic boundaries as far as practicable, and by discretion to take account of special geographical conditions, including the size, shape and accessibility of constituencies. Becker, , concerned the choice of Representatives in the Federal Congress. The cases we have reviewed show the necessity for discriminating inquiry into the precise facts and posture of the particular case, and the impossibility of resolution by any semantic cataloguing. Green, squarely held that voters who allege facts showing disadvantage to themselves as individuals ave standing to sue.