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How Did Wesberry V. Sanders Change The Makeup Of Congress

1964 United States Supreme Court case on congressional districts

United States Supreme Courtroom example

Wesberry five. Sanders
Seal of the United States Supreme Court

Supreme Court of the U.s.

Argued November eighteen, 1963
Decided February 17, 1964
Full case name James P. Wesberry, Jr. et al. v. Carl Eastward. Sanders et al.
Citations 376 U.South. 1 (more)

84 Due south. Ct. 526; 11 L. Ed. 2d 481

Instance history
Prior Wesberry five. Vandiver, 206 F. Supp. 276 (N.D. Ga. 1962), prob. juris. noted, 374 U.S. 802 (1963).
Holding
The Constitution requires that members of the Firm of Representatives be selected by districts composed, as most as is practicable, of equal population.
Court membership
Primary Justice
Earl Warren
Associate Justices
Hugo Blackness· William O. Douglas
Tom C. Clark· John M. Harlan 2
William J. Brennan Jr.· Potter Stewart
Byron White· Arthur Goldberg
Case opinions
Majority Black, joined by Warren, Douglas, Brennan, White, Goldberg
Hold/dissent Clark
Dissent Harlan, joined by Stewart (in part)
Laws applied
U.Due south. Const., art. I, § 2.

This case overturned a previous ruling or rulings

Colegrove v. Dark-green, 328 U.Due south. 549 (1946)

Wesberry 5. Sanders , 376 U.Southward. 1 (1964), was a landmark U.S. Supreme Courtroom example in which the Court ruled that districts in the U.s.a. House of Representatives must be approximately equal in population. Along with Baker 5. Carr (1962) and Reynolds v. Sims (1964), it was part of a series of Warren Court cases that applied the principle of "one person, 1 vote" to U.Southward. legislative bodies.

Article One of the United states Constitution requires U.Southward. House districts to be apportioned past population amidst us, only it did non explicitly require states to constitute districts equal in population. The instance arose from a challenge to the diff population of congressional districts in the state of Georgia.

In his majority opinion, which was joined past v other justices, Associate Justice Hugo Black held that Article 1 required that "equally most as practicable one man's vote in a congressional election is to be worth as much every bit another's." The decision had a major impact on representation in the House, as many states had districts of unequal population, oft to the detriment of urban voters. The The states Senate was unaffected by the decision since the Constitution explicitly grants each country two senators.

Decision [edit]

No right is more precious in a free state than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, fifty-fifty the near basic, are illusory if the right to vote is undermined. Our Constitution leaves no room for classification of people in a mode that unnecessarily abridges this right.

--Justice Hugo Black on the right to vote equally the foundation of democracy in Wesberry v. Sanders (1964).[ane]

Writing for the Court majority in Wesberry, Justice Blackness argued that a reading of the debates of the Ramble Convention demonstrated conclusively that the Framers had meant, in using the phrase "by the People," to guarantee equality of representation in the election of Members of the Business firm of Representatives.[2]

Dissent [edit]

Writing in dissent, Justice Harlan argued that the statements cited by Justice Blackness had uniformly been in the context of the Great Compromise. Justice Harlan further argued that the Convention debates were articulate to the upshot that Article I, § iv, had vested exclusive control over country districting practices in Congress and that the Court activity overrode a congressional decision non to require equally populated districts.[2]

See also [edit]

  • Bakery v. Carr, 369 U.South. 186 (1962): Redistricting qualifies equally a justiciable question, thus enabling federal courts to hear redistricting cases.
  • Wesberry 5. Sanders, 376 U.Due south. i (1964): Districts in the United states House of Representatives must be approximately equal in population.
  • Reynolds v. Sims, 377 U.Due south. 533 (1964): Districts in State Legislatures must be approximately equal in population.
  • Thornburg v. Gingles, 478 U.S. 30 (1986): State Legislative multimember district invalid where three criteria met such that "...a bloc voting majority must usually be able to defeat candidates supported by a politically cohesive, geographically insular minority group."
  • Miller v. Johnson, 515 U.South. 900 (1995):
  • Brown five. Thomson, 462 U.South. 835 (1983). (Wyoming) State Legislative districts deviating past equally much as 89% held constitutional
  • Alabama Legislative Black Caucus five. Alabama, 575 U.S. ___ (2015): Racial gerrymandering claims must be considered commune-by-district, rather than by looking at the state as an undifferentiated whole.
  • List of United States Supreme Court cases, volume 376
  • 1 Person, One Vote

References [edit]

  1. ^ "Wesberry 5. Sanders, 376 U.S. i (1964), at 17-18". Justia US Supreme Court Center. February 17, 1964. Retrieved January five, 2021.
  2. ^ a b Congressional Districting - United States Constitution

Further reading [edit]

  • Carpenter, Richard Five. (1964), "Wesberry 5. Sanders: A Instance of Oversimplification", Villanova Constabulary Review, nine: 415 .
  • Weiss, Jonathan (1964), "An Analysis of Wesberry v. Sanders", Southern California Law Review, 8: 67 .

External links [edit]

  • Text of Wesberry v. Sanders, 376 U.Southward. 1 (1964) is available from:Findlaw Justia Library of Congress

Source: https://en.wikipedia.org/wiki/Wesberry_v._Sanders#:~:text=Sanders%2C%20376%20U.S.%201%20(1964,be%20approximately%20equal%20in%20population.&text=The%20United%20States%20Senate%20was,grants%20each%20state%20two%20senators.

Source: https://lynchblapeneve.blogspot.com/2021/12/how-did-wesberry-v-sanders-change.html

Posted by: falktrocce.blogspot.com

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