baker carr argued october decided march appellants persons allegedly qualified vote members general assembly tennessee representing counties reside brought suit federal district tennessee behalf others similarly situated redress alleged deprivation federal constitutional rights legislation classifying voters respect representation general assembly alleged means statute tennessee arbitrarily capriciously apportioning seats general assembly among state counties failure reapportion subsequently notwithstanding substantial growth redistribution state population suffer debasement votes thereby denied equal protection laws guaranteed fourteenth amendment sought inter alia declaratory judgment statute unconstitutional injunction restraining certain state officers conducting elections district dismissed complaint grounds lacked jurisdiction subject matter claim stated upon relief granted held district jurisdiction subject matter federal constitutional claim asserted complaint pp appellants standing maintain suit pp complaint allegations denial equal protection presented justiciable constitutional cause action upon appellants entitled trial decision pp charles rhyne osborn reargued cause appellants briefs hobart atkins robert jennings anderson mcclain walter chandler harris gilbert meacham herzel plaine jack wilson assistant attorney general tennessee reargued cause appellees briefs george mccanless attorney general milton rice james glasgow assistant attorneys general solicitor general cox special leave reargued cause amicus curiae urging reversal briefs assistant attorney general marshall acting assistant attorney general doar bruce terris harold greene david rubin howard glickstein briefs amici curiae support appellants filed howard edmondson governor oklahoma norman reynolds governor scott miller george long city matthews kentucky roger arnebergh henry kucera elliott drinard barnett shur alexander brown nathaniel goldstick charles rhyne national institute municipal law officers eugene nickerson david levitan john english et al upton sisson clare hornsby walter nixon john sekul marvin fortner et al theodore sachs august scholle justice brennan delivered opinion civil action brought redress alleged deprivation federal constitutional rights complaint alleging means statute tennessee apportioning members general assembly among state counties plaintiffs others similarly situated denied equal protection laws accorded fourteenth amendment constitution virtue debasement votes dismissed convened middle district tennessee held lacked jurisdiction subject matter also claim stated upon relief granted supp noted probable jurisdiction appeal hold dismissal error remand cause district trial proceedings consistent opinion general assembly tennessee consists senate members house representatives members tennessee constitution provides art ii follows sec legislative authority term office legislative authority state shall vested general assembly shall consist senate house representatives dependent people shall hold offices two years day general election sec census enumeration qualified voters apportionment representatives general assembly shall made year one thousand eight hundred within every subsequent term ten years sec apportionment representatives number representatives shall several periods making enumeration apportioned among several counties districts according number qualified voters shall exceed population state shall one million half shall never exceed provided county ratio shall entitled one member sec apportionment senators number senators shall several periods making enumeration apportioned among several counties districts according number qualified electors shall exceed number representatives apportioning senators among different counties fraction may lost county counties apportionment members house representatives shall made county counties senate near may practicable district composed two counties shall adjoining county shall divided forming district tennessee experienced substantial growth redistribution population population eligible vote federal census reports state population eligible vote relative standings counties terms qualified voters changed significantly primarily continued application apportionment act shifted enlarged voting population gives rise present controversy indeed complaint alleges statute even time passage made apportionment representatives senators accordance constitutional formula instead arbitrarily capriciously apportioned representatives senate house without reference logical reasonable formula whatever alleged population changes since failure legislature reapportion since statute became unconstitutional obsolete appellants also argue composition legislature effected apportionment act redress form state constitutional amendment change entire mechanism reapportioning change short difficult impossible complaint concludes plaintiffs others similarly situated denied equal protection laws accorded fourteenth amendment constitution virtue debasement votes seek declaration statute unconstitutional injunction restraining appellees acting conduct elections also pray unless general assembly enacts valid reapportionment district either decree reapportionment mathematical application tennessee constitutional formulae recent federal census figures direct appellees conduct legislative elections primary general large also pray relief may appropriate district opinion order dismissal setting case recited grounds embrace two possible reasons dismissal first facts injury alleged legal bases invoked creating rights duties relied upon relief sought fail come within language article iii constitution jurisdictional statutes define matters concerning district courts empowered act second although matter cognizable facts alleged establish infringement appellants rights result state legislative action departing federal constitutional standard proceed matter considered unsuited judicial inquiry adjustment treat first ground dismissal lack jurisdiction subject matter second consider result failure state justiciable cause action district dismissal order recited issued conformity per curiam opinion opinion reveals rested dismissal upon lack jurisdiction lack justiciable cause action without attempting distinguish grounds noting plaintiffs challenged existing legislative apportionment tennessee due process equal protection clauses summarizing supporting allegations relief requested stated action presently upon defendants motion dismiss predicated upon three grounds first lacks jurisdiction subject matter second complaints fail state claim upon relief granted third indispensable party defendants review numerous decisions doubt federal rule enunciated applied federal courts whether lack jurisdiction inappropriateness subject matter judicial consideration intervene cases type compel legislative reapportionment plaintiffs argument legislature tennessee guilty clear violation state constitution rights plaintiffs entirely agrees also agrees evil serious one corrected without delay even remedy situation clearly lie courts long recognized accepted doctrine indeed rights guaranteed constitution violation courts give redress ii jurisdiction subject matter article iii federal constitution provides judicial power shall extend cases law equity arising constitution laws treaties made shall made authority clear cause action one arises federal constitution complaint alleges statute effects apportionment deprives appellants equal protection laws violation fourteenth amendment dismissal complaint upon ground lack jurisdiction subject matter therefore justified claim attenuated unsubstantial absolutely devoid merit newburyport water newburyport frivolous bell hood claim unsubstantial must plain hart keith vaudeville exchange since district obviously correctly deem asserted federal constitutional claim unsubstantial frivolous dismissed complaint want jurisdiction subject matter course consideration merits claim relevant determination jurisdiction subject matter said earlier voting case tennessee obvious dismissing want jurisdiction controlled deemed want merit averments made complaint violation federal right nature controversy federal therefore jurisdiction existed whilst opinion want merit cause action might furnished ground dismissing reason afforded sufficient ground deciding action one arising constitution laws swafford templeton well settled failure state proper cause action calls judgment merits dismissal want jurisdiction bell hood see also binderup pathe exchange since complaint plainly sets forth case arising constitution subject matter within federal judicial power defined art iii within power congress assign jurisdiction district courts congress exercised power district courts shall original jurisdiction civil action authorized law commenced person redress deprivation color state law statute ordinance regulation custom usage right privilege immunity secured constitution appellees refer colegrove green authority district lacked jurisdiction subject matter appellees misconceive holding case holding precisely contrary reading seven members participated decision unlike many cases field assumed without discussion jurisdiction three opinions filed colegrove discussed question two opinions expressing views four justices majority flatly held jurisdiction subject matter justice black joined justice douglas justice murphy stated judgment district jurisdiction citing predecessor bell hood supra justice rutledge writing separately expressed agreement conclusion indeed even questionable opinion justice frankfurter joined justices reed burton doubted jurisdiction subject matter doubt inconsistent professed willingness turn decision either majority concurring views wood broom supra several subsequent cases similar colegrove decided summary per curiam statements none dismissed want jurisdiction subject matter cook fortson turman duckworth ibid colegrove barrett tedesco board supervisors remmey smith cox peters anderson jordan kidd mccanless radford gary hartsfield sloan matthews handley two cases decided opinions colegrove likewise plainly imply subject matter suit within district jurisdiction macdougall green district dismissed want jurisdiction invoked suit enjoin enforcement requirement nominees elections supported petition signed minimum number persons least state counties disagreement action clear since affirmed judgment review merits concluded particular claim without merit south peters affirmed dismissal attack georgia county unit system founded action ground plainly reached lower lacked jurisdiction subject matter allegedly existed express words holding federal courts consistently refuse exercise equity powers cases posing political issues arising state geographical distribution electoral strength among political subdivisions hold district jurisdiction subject matter federal constitutional claim asserted complaint iii standing federal pronounce statute either state void irreconcilable constitution except called upon adjudge legal rights litigants actual controversies liverpool steamship commissioners emigration appellants alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions gist question standing course question federal law complaint filed residents davidson hamilton knox montgomery shelby counties person allegedly qualified vote members general assembly representing county appellants sued behalf behalf qualified voters respective counties behalf voters state tennessee similarly situated appellees tennessee secretary state attorney general coordinator elections members state board elections members state board sued right also representatives county election commissioners appoint hold appellants standing maintain suit decisions plainly support conclusion many cases assumed rather articulated premise deciding merits similar claims colegrove green supra squarely held voters allege facts showing disadvantage individuals standing sue number cases decided colegrove recognized standing voters involved bring actions appellants seek relief order protect vindicate interest similarly situated constitutional claim substance statute constitutes arbitrary capricious state action offensive fourteenth amendment irrational disregard standard apportionment prescribed state constitution standard effecting gross disproportion representation voting population injury appellants assert classification disfavors voters counties reside placing position constitutionally unjustifiable inequality voters irrationally favored counties citizen right vote free arbitrary impairment state action judicially recognized right secured constitution impairment resulted dilution false tally cf classic refusal count votes arbitrarily selected precincts cf mosley stuffing ballot box cf ex parte siebold saylor necessary decide whether appellants allegations impairment votes apportionment ultimately entitle relief order hold standing seek impairment produce legally cognizable injury among sustained asserting plain direct adequate interest maintaining effectiveness votes coleman miller merely claim right possessed every citizen require government administered according law fairchild hughes compare leser garnett entitled hearing district decision claims essence civil liberty certainly consists right every individual claim protection laws whenever receives injury marbury madison cranch iv justiciability course mere fact suit seeks protection political right mean presents political question objection little play upon words nixon herndon rather argued apportionment cases whatever actual wording complaint involve federal constitutional right except one resting guaranty republican form government complaints based clause held present political questions nonjusticiable hold claim pleaded neither rests upon implicates guaranty clause justiciability therefore foreclosed decisions cases involving clause district misinterpreted colegrove green decisions relied appellants claim denied equal protection justiciable discrimination sufficiently shown right relief equal protection clause diminished fact discrimination relates political rights snowden hughes show reject argument based guaranty clause must examine authorities appears uncertainty cases present political questions specifically whether apportionment case like cases deem necessary first consider contours political question doctrine discussion even price extending opinion requires review number political question cases order expose attributes doctrine attributes various settings diverge combine appear disappear seeming disorderliness since review undertaken solely demonstrate neither singly collectively cases support conclusion apportionment case nonjusticiable course explore implications contexts review reveals guaranty clause cases political question cases relationship judiciary coordinate branches federal government federal judiciary relationship gives rise political question said determining whether question falls within political question category approriateness system government attributing finality action political departments also lack satisfactory criteria judicial determination dominant considerations coleman miller nonjusticiability political question primarily function separation powers much confusion results capacity political question label obscure need inquiry deciding whether matter measure committed constitution another branch government whether action branch exceeds whatever authority committed delicate exercise constitutional interpretation responsibility ultimate interpreter constitution demonstrate requires less analyze representative cases infer analytical threads make political question doctrine shall show none threads catches case foreign relations sweeping statements effect questions touching foreign relations political questions resolution issues frequently turn standards defy judicial application involve exercise discretion demonstrably committed executive legislature many questions uniquely demand statement government views yet error suppose every case controversy touches foreign relations lies beyond judicial cognizance cases field seem invariably show discriminating analysis particular question posed terms history management political branches susceptibility judicial handling light nature posture specific case possible consequences judicial action example though ordinarily inquire whether treaty terminated since question governmental action must regarded controlling importance conclusive governmental action construe treaty may find provides answer compare terlinden ames society propagation gospel foreign parts new wheat though undertake construe treaty manner inconsistent subsequent federal statute similar hesitancy obtains asserted clash state law compare whitney robertson kolovrat oregon recognition foreign governments strongly defies judicial treatment without executive recognition foreign state called republic whose existence know nothing judiciary ordinarily follows executive nation sovereignty disputed territory sovereignty area politically determined declared courts may examine resulting status decide independently whether statute applies area similarly recognition belligerency abroad executive responsibility executive proclamations fall short explicit answer may construe seeking example determine whether situation statutes designed assure american neutrality become operative three friends still though executive determines person status representative foreign government ex parte hitz executive statements construed necessary determine jurisdiction baiz similar judicial action absence recognizedly authoritative executive declaration occurs cases involving immunity seizure vessels owned friendly foreign governments compare ex parte peru mexico hoffman dates duration hostilities though stated broadly power declared necessity power declare cessation cessation requires commercial trust miller analysis reveals isolable reasons presence political questions underlying refusal review political departments determination whether war ended dominant need finality political determination emergency nature demands prompt unhesitating obedience martin mott wheat calling militia moreover cessation hostilities necessarily end war power stated hamilton kentucky distilleries war power includes power remedy evils arisen rise progress continues emergency stewart kahn wall fleming mohawk wrecking deference rests reason habit question particular case may seriously implicate considerations finality public program importance rent control yet central emergency effort clearly definable criteria decision may available case political question barrier falls away liberty shut eyes obvious mistake validity law depends upon truth declared inquire whether exigency still existed upon continued operation law depended chastleton sinclair compare woods miller hand even private litigation directly implicates feature separation powers lack judicially discoverable standards drive application may impel reference political departments determination dates hostilities beginning ending protector wall validity enactments coleman miller supra held questions long proposed amendment federal constitution remained open ratification effect prior rejection subsequent ratification committed congressional resolution involved criteria decision necessarily escaped judicial grasp similar considerations apply enacting process respect due coequal independent departments need finality certainty status statute contribute judicial reluctance inquire whether passed complied requisite formalities field clark see leser garnett true courts never delve legislature records upon quest enrolled statute lacks effective date hesitate seek legislative journals order preserve enactment gardner collector wall political question doctrine tool maintenance governmental order applied promote disorder status indian tribes deference political departments determining whether indians recognized tribe reflects familiar attributes political questions holliday wall also unique element relation indians marked peculiar cardinal distinctions exist else indians domestic dependent nations state pupilage relation resembles ward guardian cherokee nation georgia pet yet blanket rule congress courts determine true interests indian require release condition tutelage meant congress may bring community body people within range power arbitrarily calling indian tribe sandoval able discern distinctly indian courts strike heedless extension label stand impotent obvious instance manifestly unauthorized exercise power apparent several formulations vary slightly according settings questions arise may describe political question although one elements identify essentially function separation powers prominent surface case held involve political question found textually demonstrable constitutional commitment issue coordinate political department lack judicially discoverable manageable standards resolving impossibility deciding without initial policy determination kind clearly nonjudicial discretion impossibility undertaking independent resolution without expressing lack respect due coordinate branches government unusual need unquestioning adherence political decision already made potentiality embarrassment multifarious pronouncements various departments one question unless one formulations inextricable case bar dismissal nonjusticiability ground political question presence doctrine treat one political questions one political cases courts reject law suit bona fide controversy whether action denominated political exceeds constitutional authority cases reviewed show necessity discriminating inquiry precise facts posture particular case impossibility resolution semantic cataloguing argued case shares characteristics decisions constitute category yet considered cases concerning constitution guaranty art iv republican form government conclusion whether case bar present political question confidently reached considered cases special care shall discover guaranty clause claims involve elements define political question reason nonjusticiable particular shall discover nonjusticiability claims nothing touching upon matters state governmental organization republican form government luther borden though form simply action damages trespass daniel webster said opening argument defense unusual case defendants admitting otherwise tortious breaking entering sought justify action ground agents established lawful government rhode island state martial law defend active insurrection plaintiff engaged insurrection entered orders arrest plaintiff case arose unfortunate political differences agitated people rhode island resulted situation wherein two groups laid competing claims recognition lawful government plaintiff right recover depended upon two groups entitled recognition lower refusal receive evidence hear argument issue charge jury earlier established charter government lawful verdict defendants affirmed upon appeal chief justice taney opinion reasoned follows hold defendants acts unjustified charter government legal existence period question follow government actions laws enacted taxes collected salaries paid accounts settled sentences passed effect officers carried decisions operation answerable trespassers cases criminals course room application doctrine de facto status uphold prior acts officer authorized de jure defeated plaintiff action decision plaintiff inevitably produced significant measure chaos consequence avoided done without abnegation judicial duty uphold constitution state recognized judicial responsibility settlement issue locus state governmental authority indeed courts rhode island several cases held rested political power decide whether charter government displaced department acknowledged change since question relates altogether constitution laws state courts follow state courts decisions unless federal constitutional ground overturning provision constitution invoked purpose except art iv guaranty clause already noted absence standards whereby choice governments made acting independently chief justice taney found textual practical reasons concluding department empowered guaranty clause resolve issue judiciary article constitution rests congress decide government established one state guarantee state republican government congress must necessarily decide government established state determine whether republican senators representatives state admitted councils union authority government appointed well republican character recognized proper constitutional authority decision binding every department government questioned judicial tribunal true contest case last long enough bring matter issue congress called upon decide controversy yet right decide placed courts relates clause article constitution providing cases domestic violence rested congress determine upon means proper adopted fulfill guarantee act february congress provided case insurrection state government thereof shall lawful president application legislature state executive legislature convened call forth number militia state may applied may judge sufficient suppress insurrection act power deciding whether exigency arisen upon government bound interfere given president president acted called militia circuit authorized inquire whether decision right judicial power extends far guarantee contained constitution guarantee anarchy order true case militia called president upon application governor charter government president recognized executive power state took measures call militia support authority found necessary general government interfere ertainly knowledge decision justified recognizing opposing party lawful government case foreign nations government acknowledged president always recognized courts justice significance luther immediate purposes holding guaranty clause repository judicially manageable standards utilize independently order identify state lawful government since refused resort guaranty clause alone invoked purpose source constitutional standard invalidating state action see taylor marshall beckham claim kentucky resolution contested gubernatorial election deprived voters republican government held nonjusticiable pacific tel oregon claim initiative referendum negated republican government held nonjusticiable kiernan portland claim municipal charter amendment per municipal initiative referendum negated republican government held nonjusticiable marshall dye claim indiana constitutional amendment procedure negated republican government held nonjusticiable leamer claim delegation power form drainage districts negated republican government held futile ohio ex rel davis hildebrant claim invalidation state reapportionment statute per referendum negates republican government held nonjusticiable mountain timber washington claim workmen compensation violates republican government held nonjusticiable ohio ex rel bryant akron metropolitan park district claim rule requiring invalidation statute one justice state negated republican government held nonjusticiable highland farms dairy agnew claim delegation agency power control milk prices violated republican government rejected consistently held challenge state action based guaranty clause presents justiciable question held reasons challenges congressional action ground inconsistency clause present justiciable question georgia stanton wall state sought original bill enjoin execution reconstruction acts claiming already possessed republican state every political legal constitutional juridical sense enforcement new acts instead keeping guaranty forcible overthrow government foreign invaders domestic insurgents destroying government force congress clearly refused recognize republican character government suing state seemed constitutional claim presented guaranty clause congress determined effects recent hostilities required extraordinary measures restore governments republican form refused interfere congress action behest claimant relying guaranty cases considered art iv relation congressional action refused pass claim relying guaranty clause establish congress lacked power allow employ referendum passing legislation redistricting congressional seats ohio ex rel davis hildebrant supra pointed congress required establish republican government territories become attained sufficient population warrant popularly elected legislature downes bidwell dictum come finally ultimate inquiry whether precedents constitutes nonjusticiable political question bring case us umbrella doctrine natural beginning note whether common characteristics able identify label descriptively present find none question consistency state action federal constitution question decided decided political branch government coequal risk embarrassment government abroad grave disturbance home take issue tennessee constitutionality action challenged need appellants order succeed action ask enter upon policy determinations judicially manageable standards lacking judicial standards equal protection clause well developed familiar open courts since enactment fourteenth amendment determine particular facts must discrimination reflects policy simply arbitrary capricious action case one sense involve allocation political power within state appellants might conceivably added claim guaranty clause course seen reliance clause futile reliance guaranty clause succeeded follow appellants may heard equal protection claim fact tender true must clear fourteenth amendment claim enmeshed political question elements render guaranty clause claims nonjusticiable actually present political question found case connection special attention due pacific tel oregon case corporation tax statute enacted initiative attacked ostensibly three grounds due process equal protection guaranty clause clear first two grounds invoked solely aid contention tax invalid reason passage defendant company contend required pay license tax assert denied opportunity heard amount taxed anything inhering tax involved intrinsically law violated constitutional rights questions raised justiciable therefore required calling operation judicial power instead however things attack statute made wholly different character essentially political nature made manifest understanding assault contention advanced makes sic tax tax state state addressed framework political character government statute levying tax passed government political entity reducing case essence called bar purpose testing judicially exercise power assailed ground exertion injuriously affected rights individual repugnancy constitutional limitation demand state establish right exist state republican form conclude nonjusticiability claims resting guaranty clause arises embodiment questions thought political bearing upon justiciability equal protection claim presented case finally emphasize involvement guaranty clause claims elements thought define political questions feature render nonjusticiable specifically said claims held nonjusticiable touch matters state governmental organization brief examination cases demonstrates challenges state action respecting matters administration affairs state officers conducted rested claims constitutional deprivation amenable judicial correction acted upon view merits claim example boyd nebraska ex rel thayer reversed nebraska decision nebraska governor citizen state therefore continue office kennard louisiana ex rel morgan foster kansas ex rel johnston considered whether persons removed public office procedures consistent fourteenth amendment due process guaranty held merits last term gomillion lightfoot applied fifteenth amendment strike redrafting municipal boundaries effected discriminatory impairment voting rights face majority appeals thought sweeping commitment state legislatures power draw redraw boundaries gomillion brought negro resident city tuskegee alabama municipal boundaries recast state legislature exclude practically negroes plaintiff claimed deprivation right vote municipal elections district dismissal want jurisdiction failure state claim upon relief granted affirmed appeals unanimously reversed answer argument enjoyed unrestricted control municipal boundaries legislative control municipalities less state power lies within scope relevant limitations imposed constitution opposite conclusion urged upon us respondents sanction achievement state impairment voting rights whatever long cloaked garb realignment political subdivisions inconceivable guaranties embedded constitution may thus manipulated existence statute alleged worked unconstitutional deprivations petitioners rights immune attack simply mechanism employed legislature redefinition municipal boundaries form merely act redefining metes bounds allegations established inescapable human effect essay geometry geography despoil colored citizens colored citizens theretofore enjoyed voting rights colegrove green state exercises power wholly within domain state interest insulated federal judicial review insulation carried state power used instrument circumventing federally protected right since established equal protection claim tendered case require decision political question since presence matter affecting state government render case nonjusticiable seems appropriate examine reasoning district reached conclusion case nonjusticiable already noted district holding subject matter complaint nonjusticiable relied upon colegrove green supra later cases concerned choice members state legislature case others like colegrove earlier precedents smiley holm koenig flynn carroll becker concerned choice representatives federal congress smiley koenig carroll settled issue favor justiciability questions congressional redistricting followed precedents colegrove although dissent three seven justices participated decision issue justiciability four justices comprising majority relied upon smiley holm two opinions one three justices separate one justice rutledge argument congressional redistricting problems presented political question resolution confided congress might rested upon art art art amendment xiv justice rutledge said ruling smiley holm supposed provisions constitution art times places manner holding elections representatives shall prescribed state legislature thereof congress may time law make alter regulations art see amendment xiv vesting congress duty apportionment representatives among several according respective numbers art making house sole judge qualifications members remove issues case justiciable cognizance judgment smiley case rules squarely contrary save matter degree assuming decision stand think effect rule power afford relief case type objection issues justiciable accordingly justice rutledge joined conclusion case justiciable although held dismissal complaint affirmed view shortness time remaining forthcoming elections makes doubtful whether action taken time secure petitioners effective relief seek think therefore case one may properly decline exercise jurisdiction accordingly judgment affirmed join disposition cause article amendment xiv relate congressional elections obviously govern apportionment state legislatures however decisions favor justiciability even light provisions plainly afford support district conclusion subject matter controversy presents political question indeed refusal award relief colegrove resulted controlling view want equity anything contrary found per curiams came colegrove dismissed appeals cook fortson turman duckworth moot macdougall green held case equity act void state requirement least minimum support nominees office least minimal area state problems timing critical remmey smith dismissing want substantial federal question dismissal suit prematurely brought supp hartsfield sloan denying mandamus sought compel convening movants urged advance consideration case inasmuch mere lapse time case reached normal course business may defeat cause inasmuch time problem due inherent nature case south peters like colegrove appears refusal exercise equity powers see statement holding quoted supra cox peters dismissed want substantial federal question appeal state holding primary elections implicated state action see compare terry adams tedesco board supervisors indicates solely substantial federal question raised state refusal upset districting city council seats especially urged rational justification challenged districting see similarly anderson jordan certain state refused issue discretionary writ original mandamus denied without opinion course urged adequate state ground barred review kidd mccanless tennessee held invalidate statute issue case bar holding rested state law remedies state view de facto officers view norm legislative apportionment tennessee numbers qualified voters resident several counties course precluded adequate state ground dismissing appeal cited anderson supra well colegrove tennessee decision case bear upon smith holm magraw donovan supp supp state inability grant relief bar federal assuming jurisdiction inquire alleged deprivation federal constitutional rights problems relief also controlled radford gary affirming district refusal mandamus governor call session legislature mandamus legislature apportion comply mandamus state matthews handley affirmed refusal strike state gross income tax statute urged ground legislature malapportioned rested adequacy available state legal remedies suits involving tax including challenges constitutionality lastly colegrove barrett justice rutledge concurred refusal note appeal dismissal want equity sufficiently explained statement cook fortson supra discretionary exercise nonexercise equitable declaratory judgment jurisdiction one case precedent another case facts differ citations omitted conclude complaint allegations denial equal protection present justiciable constitutional cause action upon appellants entitled trial decision right asserted within reach judicial protection fourteenth amendment judgment district reversed cause remanded proceedings consistent opinion reversed remanded mr appendix opinion composition counties electing one representative general assembly state tennessee shall composed senators representatives apportioned among qualified voters state follows next enumeration apportionment voters following counties shall elect one representative wit bedford blount cannon carroll chester cocke claiborne coffee crockett dekalb dickson dyer fayette franklin giles greene hardeman hardin henry hickman hawkins haywood jackson lake lauderdale lawrence lincoln marion marshall maury monroe montgomery moore mcminn mcnairy obion overton putnam roane robertson rutherford sevier smith stewart sullivan sumner tipton warren washington white weakley williamson wilson acts ch ch ch ch ch acts ch private ch code acts ch ch ch supp counties electing two representatives following counties shall elect two representatives wit gibson madison acts ch mod code counties electing three representatives following counties shall elect three representatives wit knox hamilton acts ch code davidson county davidson county shall elect six representatives acts ch code shelby county shelby county shall elect eight representatives said county shall consist eight representative districts numbered one eight district county one representative elected district acts ch code acts ch ch joint representatives following counties jointly shall elect one representative follows wit first district johnson carter second district sullivan hawkins third district washington greene unicoi fourth district jefferson hamblen fifth district hancock grainger sixth district scott campbell union seventh district anderson morgan eighth district knox loudon ninth district polk bradley tenth district meigs rhea eleventh district cumberland bledsoe sequatchie van buren grundy twelfth district fentress pickett overton clay putnam fourteenth district sumner trousdale macon fifteenth district davidson wilson seventeenth district giles lewis maury wayne eighteenth district williamson cheatham robertson nineteenth district montgomery houston twentieth district humphreys perry district benton decatur district henry weakley carroll district madison henderson district tipton lauderdale acts ch ch ch acts ch private ch code acts ch ch ch ch supp acts ch state senatorial districts next enumeration apportionment voters following counties shall comprise senatorial districts wit first district johnson carter unicoi greene washington second district sullivan hawkins third district hancock morgan grainger claiborne union campbell scott fourth district cocke hamblen jefferson sevier blount fifth district knox sixth district knox loudon anderson roane seventh district mcminn bradley monroe polk eighth district hamilton ninth district rhea meigs bledsoe sequatchie van buren white cumberland tenth district fentress pickett clay overton putnam jackson eleventh district marion franklin grundy warren twelfth district rutherford cannon dekalb thirteenth district wilson smith fourteenth district sumner trousdale macon fifteenth district montgomery robertson sixteenth district davidson seventeenth district davidson eighteenth district bedford coffee moore nineteenth district lincoln marshall twentieth district maury perry lewis district hickman williamson cheatham district giles lawrence wayne district dickson humphreys houston stewart district henry carroll district madison henderson chester district hardeman mcnairy hardin decatur benton district gibson district lake obion weakley district dyer lauderdale crockett thirtieth district tipton shelby district haywood fayette district shelby district shelby acts ch ch code acts ch supp shelby county raised representatives acts see also acts act abolished joint representative district included shelby fayette counties marion county given whole house seat instead sharing joint seat franklin county acts acts repealed change restoring status quo ante reversal reversed acts james county one five counties seventh state senate district one three ninth house district appears james county longer exists advised dissolved anderson roane counties shifted sixth state senate district seventh monroe polk counties shifted seventh sixth acts footnotes convened pursuant order single district judge reviewed certain decisions found distinguishable features may ultimately prove significant held complaint obviously without merit justified refusing convene supp heard argument first term term case set reargument county less least population required choose representative allocated one representative see also tenn art ii common much substantial departure standard guaranty least one seat county see kansas art art tennessee constitution speaks number qualified voters exhibits attached complaint use figures based number persons years age basis seems employed general assembly apportioning legislative seats outset statute providing first enumeration acts sess directed courts several counties select commissioner enumerate male inhabitants respective counties years age upward shall resident citizens counties first day january reports compiled several counties basis submitted general assembly secretary state used first apportionment appendix yet figures reflect numbers persons qualified exercise franchise qualifications citizenship residence state months county months payment poll taxes preceding year unless entitled exemption acts sess qualifications continued least see code supp still general assembly directed secretary state obtain complete reports counties resolution spoke broadly impossibility redistricting without census returns voting population county figures also showed correlation federal census figures census reported male citizens upward tennessee ninth census statistics population tennessee secretary state report counties reported gave figure using numbers actual votes last gubernatorial election counties secretary arrived total appendix subsequent history indicate continued reference census figures finally abandonment state enumeration favor use census figures see notes infra see also williams legislative apportionment tennessee rev therefore appear unless contrary showing trial appellant current figures taken census reports apposite acts sess acts sess statute authorizing enumeration acts sess enumeration commissioners counties allowed access census reports enumeration file offices county clerks state reference said reports said commissioners shall legitimate auxiliary enumeration required census reported male citizens upward tennessee tenth census compendium tennessee secretary state report gave figure extra sess general assembly enlarged accordance constitutional mandate since state population passed acts extra sess see res iii see also tenth census statistics population statute apportioning general assembly acts extra sess acts acts extra sess reference census figures allowed see supra census reported males tennessee eleventh census population part tennessee secretary state report gave figure acts res acts joint resolution said federal census recently taken reference said federal census accurate enumeration qualified voters respective counties state tennessee ascertained thereby save expense actual enumeration history legislative apportionment tennessee including attempts made since see documented survey legislative apportionment tennessee attached exhibit intervening complaint mayor west nashville prepared tennessee state historian robert white examples preliminary steps senate called upon redistricting committee make enumeration qualified voters use federal census basis acts res similarly senate called appointment select committee make enumeration qualified voters acts res senate called study reapportionment see similarly house directed state legislative council study methods reapportionment acts res twelfth census population part part census population general population characteristics tennessee table words one intervening complaints apportionment wholly arbitrary indeed based upon lawfully pertinent factor whatever appellants claim general assembly constituted according act submit reapportionment proposals either people constitutional convention provision popular initiative tennessee amendments proposed senate house must first approved majority members house members general assembly next chosen proposals submitted people next general election governor chosen alternatively legislature may submit people general election question calling convention consider specified proposals adopted convention however become effective unless approved majority qualified voters voting separately proposed change amendment election fixed convention conventions shall held oftener six years tenn art xi acts acts provided delegates conventions chosen counties floterial districts members state house representatives general assembly call constitutional convention originally contained provision relating appointment sic representatives senators excised resolution introduced constitutional convention reported unfavorably rules committee convention follows chambliss hamilton county resolution relative convention considering reapportionment follows whereas rumor limited convention called purpose postponing six years convention make decision reapportionment whereas pending courts tennessee suit parties seeking decree compel reapportionment whereas said limited convention called limited consideration yet constitutional convention within language constitution constitutional conventions forbidding frequent conventions last sentence article eleven section second paragraph often six years convention shall held oftener six years therefore resolved consensus opinion members convention since limited convention hereinbefore set forth another convention deal matters submitted limited convention resolved consensus opinion convention convention called general assembly purpose considering reapportionment order possibility enforcement forced sovereign state tennessee courts national government may avoided resolved convention adjourned two years meet time set forth statute providing convention consensus opinion body within power next general assembly tennessee broaden powers convention authorize empower convention consider proper amendment constitution provide submitted electorate method reapportionment tenn constitutional convention journal debates clear appellants federal constitutional claims rest exclusively alleged violation fourteenth amendment primary claim statute violates equal protection clause amendment allegations invoking due process clause argument exhibits appears due process clause argument directed certain tax statutes insofar claim involves validity statutes due process clause find unnecessary decide merits allegations regarding tax statutes designed framework proofs effects allegedly discriminatory apportionment need rely upon support holding complaint federal constitutional claim violation equal protection clause whether issue decided one constitutional adequacy particular apportionment taxation arguments exhibits presented add anything whether add anything however presented district first instance decide complaint addition claims federal constitution also alleges rights general assembly duties tennessee constitution since hold appellants develops trial facts support allegations cognizable federal constitutional cause action resting degree rights guaranteed putatively guaranteed tennessee constitution consider let alone enforce rights state constitution go protections fourteenth amendment lastly need assess legal significance reaching conclusion statements complaint apportionment effected today act contrary philosophy government jurisprudence need reach question indispensable parties district yet decided accuracy calling even dismissals jurisdictional questioned bell hood see provides every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress frequently sustained district jurisdiction predecessors entertain suits redress deprivations rights secured state infringement equal protection due process clauses fourteenth amendment douglas jeannette stefanelli minard cf nixon herndon nixon condon snowden hughes smith allwright monroe pape egan aurora since case brought election held cited wood broom also directed dismissal mootness citing brownlow schwartz compare boeing aircraft king county appeal dismissed want jurisdiction see coleman miller matthews affirm judgment may read dismissal want jurisdiction supp however motion affirm also rested ground failure state claim upon relief granted cf text following macdougall green see text infra mayor nashville suing behalf residents city nashville davidson county cities chattanooga hamilton county knoxville knox county suing behalf residents permitted intervene parties plaintiff since press claims initial plaintiffs find unnecessary decide whether intervenors standing maintain action asserted representative capacities complaint also contains averment appellants sue behalf behalf voters state tennessee emphasis added may read assert claim voters counties allegedly general assembly also standing complain necessary decide question case duties respective appellees alleged follows defendant joe carr duly elected qualified acting secretary state state tennessee office nashville said state charged duty furnishing blanks envelopes information slips county election commissioners certifying results elections maintaining records thereof ex officio charged together governor attorney general duty examining election returns received county election commissioners declaring election results applicable provisions tennessee code annotated chapter acts inter alia defendant george mccanless duly appointed acting attorney general state tennessee office nashville said state charged duty advising officers state upon law made section tennessee code annotated necessary party defendant declaratory judgment action constitutionality statutes state tennessee attacked charged together governor secretary state duty declaring election results section tennessee code annotated defendant jerry mcdonald duly appointed coordinator elections state tennessee office nashville tennessee official charged duties set forth public law enacted general assembly tennessee creating said office defendant sam coward james alexander hubert brooks duly appointed qualified members constituting state board elections charged duty appointing election commissioners counties state tennessee organization supervision biennial elections provided statutes tennessee chapter title tennessee code annotated sections et seq action brought aforenamed defendants representative capacities said election commissioners sued also representatives county election commissioners state tennessee persons numerous make impracticable bring common question law involved namely constitutionality tennessee laws set forth tennessee code annotated section section inclusive common relief sought members said election commissions official capacities duties aforesaid county election commissioners within respective jurisdictions appoint judges elections maintain registry qualified voters said county certify results elections held said county defendants state board elections secretary state preparing ballots taking steps prepare hold elections said counties virtue sections et seq tennessee code annotated section et seq tennessee code annotated chapter acts inter alia smiley holm supra citizen elector taxpayer state koenig flynn supra citizens voters state wood broom supra citizen mississippi qualified elector laws also qualified candidate election representative congress cf carroll becker supra candidate office justice rutledge view question standing settled smiley holm supra justice black stated appellants standing sue since facts alleged show injured individuals relied coleman miller see commentators suggested following statement justice frankfurter opinion might imply view appellants standing action recover damage discriminatory exclusion plaintiff rights enjoyed citizens basis suit private wrong wrong suffered illinois polity see jaffe standing secure judicial review public actions harv rev lewis legislative apportionment federal courts harv rev since opinion goes consider merits seems statement intended intimate view plaintiffs action lacked standing cases cited immediately quotation deal standing see especially lane wilson macdougall green supra progressive party nominees senator presidential electors state offices several illinois voters south peters supra residents populous county state radford gary supp citizen oklahoma resident voter populous county matthews handley supra citizen state see also hawke smith leser garnett coleman miller cook fortson turman duckworth ibid colegrove barrett macdougall green south peters remmey smith anderson jordan kidd mccanless radford gary shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence art iv conduct foreign relations government committed constitution executive legislative political departments government propriety may done exercise political power subject judicial inquiry decision oetjen central leather see doe braden taylor morton fed mass justice curtis affirmed black see doe braden see clark allen klintock wheat see also palmer wheat foster elam neilson pet see williams suffolk insurance pet connell de lima bidwell see home building loan assn blaisdell contrast martin mott supra cf dakota central tel south dakota cf dillon gloss see also sprague see also fellows blacksmith old settlers compare doe braden case frequently cited broad proposition status indian tribe matter political departments fact noteworthy example limited precise impact political question cherokees brought original suit enjoin georgia assertion jurisdiction cherokee territory abolition cherokee government laws unquestionably case lay vortex fiery political embroilment see warren history rev ed spite broader language separate opinions held possessed original jurisdiction suit cherokees view considered either state union foreign state chief justice marshall treated question one de novo interpretation words constitution chief justice say acts government plainly recognize cherokee nation state courts bound acts referred existence state distinct political society separated others went question much difficulty cherokees constitute foreign state sense constitution thus referred political decision whether tribe entity separate polity held whether entity tribe status entitled sue originally judicially soluble issue criteria discoverable relevant phrases constitution common understanding times issue hampered problems management unusual evidence possible interference congressional program moreover chief justice marshall dictum savours much exercise political power within proper province judicial department addressed issue cherokees status sue rather breadth claim asserted impropriety relief sought compare georgia stanton wall chief justice made clear issue cherokees rights arose customary legal context proper case proper parties justiciable thus dispute produced case properly brought right asserted one protection federal treaties laws conflicting state law relief sought voiding conviction state law void conviction worcester georgia pet fact tribe separate polity served datum contributing result despite consequences heated controversy opposition branches national government judicial power acted reverse state example similar isolation political question decision case luther borden see infra see writings speeches daniel webster see mowry dorr war exhaustive bibliography account circumstances surrounding decision see warren history rev ed dorr head one two groups held rhode island jail conviction treason earlier sought decision lawful government application original habeas corpus denied federal courts lacked authority issue habeas prisoner held state sentence ex parte dorr even though wrote unrestrained legislative executive authority guaranty thus making enforcement political question plainly implied political question barrier absolute unquestionably military government established permanent government state republican government duty congress overthrow course necessarily follow congress act judiciary might able decide limits meaning republican form thus factor lack criteria might fall away remain possible barriers decision primary commitment another branch considered particular fact setting presented occasion indicated lack criteria obliterate guaranty extreme limits guaranty republican form government particular government designated republican neither exact form guaranteed manner especially designated parts instrument compelled resort elsewhere ascertain intended guaranty necessarily implies duty part provide government governments constitution adopted people participated extent representatives elected manner specially provided governments constitution change accepted precisely therefore presumed duty provide thus unmistakable evidence republican form within meaning term employed constitution minor happersett wall question whether government republican form deny vote women constitution republican form government guaranteed every state union distinguishing feature form right people choose officers governmental administration pass laws virtue legislative power reposed representative bodies whose legitimate acts may said people people thus source political power governments national state limited written constitutions thereby set bounds power sudden impulses mere majorities find fundamental principles violated cf hawke smith national prohibition cases first reconstruction act opened whereas legal state governments exists sic rebel georgia mississippi whereas necessary peace good order enforced said loyal republican state governments legally established stat see stat mississippi johnson wall state sought enjoin president executing acts alleging role purely ministerial held duties sense ministerial although state sought compel inaction rather action absolute lack precedent distinction left case one general principles forbid judicial interference exercise executive discretion see also mississippi stanton see warren history rev ed another instance congressional action challenged transgressing guaranty clause see collector day wall overruled graves hand implication guaranty clause case concerning congressional action always preclude judicial action held clause gives congress power impose restrictions upon state admission undercut constitutional mandate state equal footing coyle smith texas white wall although congress determined state government republican form state standing bring original action sustained see infra considering kidd mccanless boyd nebraska ex rel thayer field dissenting gomillion lightfoot relying upon inter alia hunter pittsburgh opinion joined justice douglas noting adherence dissents colegrove south peters supra judgment concurred justice whittaker wrote decision rest equal protection clause rather fifteenth amendment since solely denial vote also fencing racial group holding contrary found cave newell dismissing writ error missouri mo snowden hughes ground justice rutledge vote affirm explained power equity act discretionary one federal equity asked interfere enforcement state laws prevent irreparable injury clear imminent american federation labor watson cases cited constitutional questions including question whether voters judicially enforceable constitutional right vote elections congressmen districts equal population decided colegrove six participating justices reached questions divided three three merits justice rutledge believed necessary decide said alternative constitutional decision case think gravity constitutional questions raised great together possibilities collision political departments government admonition avoidable constitutional decision appropriate followed reasons support view including fact opinion basic ruling less important ones smiley holm supra otherwise brought question also joined brethren shared view issues justiciable considering wood broom decided constitutional questions disposed cause ground reapportionment act stat carry forward requirements act stat declined decide whether equity bill see also agree view wood broom see also buford state board elections state ex rel sanborn davidson county board election sup unreported vand rev justice douglas concurring join opinion like reach merits word explanation necessary put one side problems political questions involving distribution power congress chief executive phase recurring problem relation federal courts state agencies particularly question extent state may weight one person vote heavily another far voting rights concerned large gaps constitution yet right vote inherent republican form government envisaged article iv section constitution house senate chosen people time manner place elections senators representatives left article section clause amendment xvii subject regulatory power congress republican form government guaranteed state article iv section likewise promised protection invasion ibid may specify qualifications voters implicit article section clause provides house representatives shall chosen people electors voters state shall qualifications requisite electors voters numerous branch state legislature provision contained seventeenth amendment governs election senators within limits qualifications may fixed state law see lassiter northampton election board yet stated ex parte yarbrough vote members congress owe right vote state law sense makes exercise right depend exclusively law state power congress prescribe qualifications voters thus override state law issue however clear reason commands constitution several qualifications state may require race color previous condition servitude impermissible standard reason fifteenth amendment alone sufficient explain gomillion lightfoot see taper gomillion versus lightfoot pp sex another impermissible standard reason nineteenth amendment third barrier state freedom prescribing qualifications voters equal protection clause fourteenth amendment provision invoked question may state weight vote one county one district heavily weights vote another traditional test equal protection clause whether state made invidious discrimination selects particular race nationality oppressive treatment see skinner oklahoma universal equality test room weighting stated williamson lee optical prohibition equal protection clause goes invidious discrimination agree brother clark allegations complaint sustained case relief established told single vote moore county tennessee worth votes hamilton county one vote stewart chester county worth nearly eight times single vote shelby knox county opportunity prove invidious discrimination exists therefore given appellants said decision cases kind beyond competence courts make point regards problem equal protection cases involving racial segregation yet legality claims conduct traditional subject judicial determination adjudication often perplexing complicated example extreme complexity task seen decree apportioning water among several nebraska wyoming constitutional guide often vague decisions due process commerce clauses show problem equal protection clause intricate see lewis legislative apportionment federal courts harv rev course questions beyond judicial competence performance duty left discretion good judgment executive officer judiciary compel exercise discretion one way kentucky dennison take office cf federal communications broadcasting constitution assigns particular function wholly indivisibly another department federal judiciary intervene oetjen central leather none cases relevant doubt federal courts jurisdiction controversies concerning voting rights civil rights act gives authority redress deprivation color state law right privilege immunity secured constitution act congress providing equal rights citizens gives federal courts authority award damages issue injunction redress violation act congress providing protection civil rights including right vote italics added element state action covers wide range stated classic misuse power possessed virtue state law made possible wrongdoer clothed authority state law action taken color state law see monroe pape chief justice holt stated ashby white ld raym suit damages awarded election officials accepting plaintiff vote ld raym allow action make publick officers careful observe constitution cities boroughs partial commonly elections indeed great growing mischief tends prejudice peace nation intrusion federal government election machinery taken numerous forms investigations hannah larche criminal proceedings ex parte siebold supra ex parte yarbrough supra mosley supra classic supra collection penalties smith allwright supra suits declaratory relief injunction terry adams supra suits civil rights act enjoin discriminatory practices raines stated judge mclaughlin dyer kazuhisa abe supp apportionment case hawaii reversed dismissed moot whole thrust today legal climate end unconstitutional discrimination ludicrous preclude judicial relief mainspring representative government impaired legislators immunity constitution legislatures land made responsive constitution citizens elect legislators justiciability present claims established relief accorded fashioned light principles equity feel strongly many cases cited involving political questions wrongly decided joining opinion approve decisions construe opinion case stating accurate historical account prior cases held statements luther borden guaranty enforceable congress chief executive maintainable course chief executive determines state protected invasion course house congress judge elections returns qualifications members article section clause abdication judicial functions respecting voting rights however justified peculiarities charter form government rhode island time dorr rebellion general principle indeed contrary cases discussed body opinion modern decisions give full panoply judicial protection voting rights today say chief justice taney part judicial function protect right vote denied written established constitution laws state ibid moreover refusal examine legality regime martial law laid upon rhode island indefensible justice woodbury maintained dissent et seq today ask hold moment writ habeas corpus suspended legislature either general government without express constitutional permission writs laws suspended martial law substituted whole state country without express constitutional license effect emergency justice woodbury went say alarming enough sanction unlimited power exercised either legislatures executive courts governments governments limitations checks fixed known laws people race others jealous encroachments power far better persons without protection ordinary laws land disregard emergency look grateful country indemnity pardon allow beforehand whole frame jurisprudence overturned every thing placed mercy bayonet tribunal department system governments ever lawfully authorized dispense laws like tyrannical stuarts repeal abolish suspend whole body words appoint unrestrained military dictator head armed men whatever stretches power may ventured great crises upheld laws prostrate laws ride triumphant beyond however assembly rhode island exigency may hastily supposed measure instance constitutional branch omnipotence claimed parliament pass bills attainder belonging dangerous arbitrary family martial law category political question view narrower decided cases indicate even english courts held resolution one house parliament change law stockdale hansard bowles bank england ch decisions imply house commons acting alone constitute parliament recognized english courts sol jour bowles bank england ch stated statute usually known bill rights finally settled taxation country except authority act parliament bill rights still remains unrepealed practice custom however prolonged however acquiesced part subject relied crown justifying infringement provisions follows regard powers crown levy taxation resolution either committee ways means house legal effect whatever resolutions necessitated parliamentary procedure adopted view protection subject hasty imposition taxes strange find relied justifying crown levying tax tax actually imposed act parliament pocket veto case undertook review veto provisions constitution concluded measure litigation become law cf coleman miller georgia stanton wall involved application reconstruction acts georgia laws destroyed force internal regime state yet refused take jurisdiction question political host others entertained see pennsylvania west virginia youngstown sheet tube sawyer alabama texas today hold nonjusticiable political suit enjoin governor like fidel castro takes everything hands suspends election laws georgia stanton supra expresses philosophy war ex parte milligan wall duncan kahanamoku dominance civilian authority expressed beginning see wise withers cranch sterling constantin supra note told national institute municipal law officers amicus brief regardless fact last two decades become predominantly urban country well population lives cities suburbs political representation majority state legislatures years behind times apportionments made greater part population located rural communities still determining undermining elections consequence municipality forced function horse buggy environment little political recognition heavy demands urban population demands become even greater million people living urban areas national institute municipal law officers many years recognized complaint far greatest preponderance state representatives senators rural areas main fail become vitally interested increasing difficulties facing urban administrators since world war ii explosion city suburban population created intense local problems education transportation housing adequate handling problems possible large extent due chiefly political weakness municipalities situation directly attributable considerable cities legislatures amicus brief pp recent ruling iowa legislature though elected unfair apportionment scheme nonetheless legislature empowered act cedar rapids cox iowa cf kidd mccanless plainly correct need fear disastrous collision federal state agencies federal enjoins gerrymandering based racial lines see gomillion lightfoot supra district need undertake complete reapportionment might possibly achieve goal substantial equality merely directing respondent eliminate egregious injustices conclusion reapportionment made may stimulate legislative action result asbury park press woolley state ruled jurisdiction reason passage time changing conditions reapportionment statute longer serves original purpose securing voter full constitutional value franchise legislative branch fails take appropriate restorative action doors courts must open body inaction alter constitutional system existence withheld decision merits order legislature might opportunity consider adoption reapportionment act sequel see application lamb super unmistakable duty state legislature reapportion periodically accordance recent population changes early january session minnesota legislature convene members newly elected november year facts presented us available presumed legislature refuse take action necessary comply duty state constitution defer decision issues presented including power grant relief order afford legislature full opportunity heed constitutional mandate redistrict justice clark concurring one emerging rash opinions accompanying clashing views may well find suffering mental blindness holds appellants alleged cause action however refuses award relief although facts undisputed fails give district guidance whatever one dissenting opinion bursting words go much conclude little contemns majority action massive repudiation experience whole past another describes complaint merely asserting conclusory allegations tennessee apportionment incorrect arbitrary obsolete unconstitutional believe shown case distinguishable earlier cases dealing distribution political power state patent violation equal protection clause constitution shown appropriate remedy may formulated take law case macdougall green involved attack equal protection clause upon illinois election statute decided case merits without hindrance political question doctrine although statute attack upheld clear based decision upon determination statute represented rational state policy stated strange indeed doctrinaire applying broad constitutional concepts due process equal protection laws deny state power assure proper diffusion political initiative thinly populated counties concentrated masses view fact latter practical opportunities exerting political weight polls available former emphasis supplied ii controlling facts disputed appears record voters tennessee elect senators voters elect members house might face invidious discrimination williamson lee optical oklahoma statutory discrimination set aside state facts reasonably may conceived justify mcgowan maryland true apportionment policy incorporated tennessee constitution numerical equality representation certain minor qualifications rational one comparison districting plan based thereon naturally disparities representation due qualifications mind raise constitutional problems overall policy reasonable however root trouble tennessee constitution admittedly policy followed discrimination lies action tennessee assembly allocating legislative seats counties districts created try one may tennessee apportionment made fit pattern cut constitution finding district policy constitution referred dissenters therefore relevance must examine assembly done frequency magnitude inequalities present districting admit policy whatever examination table accompanying opinion post conclusively reveals apportionment picture tennessee gigantic proportions say disparity explained entire table examined comparing voting strength counties like population well contrasting smaller larger counties leaves one conclusion namely tennessee apportionment crazy quilt without rational basis risk accused picking horribles shall allude series examples taken table admitted wide disparity voting strength large small counties samples moore county total representation two population rutherford county representation decatur county representation carter though latter four times population likewise loudon county houston anderson county representation said illustration counties contain municipalities population therefore included urban classification rationalizing disparity attempt effect political balance one caught backlash bull whip many counties municipalities population exceeding yet invidious discrimination present example county population representation carter maury washington madison likewise counties municipality suffer similar discrimination county population representation grundy chester cumberland crockett loudon fayette effort attain political balance rural urban populations since discrimination present among counties like population plan neither consistent rational discriminates horizontally creating gross disparities rural areas well urban areas still maintaining wide vertical disparity already pointed rural urban also insisted representation formula used see patently deficient eliminates consideration relative voting power counties joined together single election district strange claim coming rely proposition voice every voter need approximate equality indeed representative government say necessarily one bare numbers use floterial districts political system ordinarily based theory floterial representative splintered among counties district per relative population function represent whole district however shall meet charge ground use adjusted total representation formula show present apportionment loco example compare urban areas like population using harlan formula county population representation washington madison carter greene maury coffee hamblen using formula compare rural areas like population county population representation moore pickett stewart cheatham chester grundy smith unicoi counties similar representation gross differences population take county population representation sullivan maury blount coffee distorted effects formula proposed dissenters used result even crazier quilt truth although case two years six hours argument three times ordinary case carefully considered us conference individually one even state dissenters come rational basis tennessee apportionment statute one except dissenters advocating harlan adjusted total representation formula contends mathematical equality among voters required equal protection clause certainly must rational design state districting discrimination fit pattern said crazy quilt brother harlan contends proposed apportionment plans contain disparities instead chasing rabbits first pause long enough meet appellants proof discrimination showing fact present plan follows rational policy able merely counters generalities classic legislative judgment significant discrepancy de minimis departures submit even casual glance present apportionment picture shows conclusions entirely fanciful present representation policy maintain status quo invidious discrimination cost like district conclude appellants met burden showing tennessee guilty clear violation state constitution federal rights plaintiffs iii although find tennessee apportionment statute offends equal protection clause consider intervention delicate field relief available people tennessee majority people tennessee practical opportunities exerting political weight polls correct existing invidious discrimination tennessee initiative referendum searched diligently practical opportunities present law find none federal courts majority voters caught legislative strait jacket tennessee informed civically militant electorate aroused popular conscience sear conscience people representatives legislative policy riveted present seats assembly respective constituencies votes incumbents reapportionment kind prevented people rebuffed hands assembly tried constitutional convention route since call must originate assembly fruitless tried tennessee courts result governors fought tide flounder said recourse congress perhaps may practical standpoint without substance date congress never undertaken task state therefore must conclude people tennessee stymied without judicial intervention saddled present discrimination affairs state government iv finally must consider appropriate modes effective judicial relief federal courts course forums political debate resolve state constitutional convention legislative assemblies jurisdiction exercised hope declaration made today may direct effect bringing legislative action relieving courts problem fashioning relief mind nothing less blackjacking assembly reapportioning state judicial competence lacking fashion effective decree dismiss appeal however like solicitor general see difficulty position case one plan might start existing assembly districts consolidate award seats thus released counties suffering egregious discrimination possibilities present might effective plan suggested least release strangle hold assembly permit redistrict regard appellants proposed plan based rationale equal representation believing numerical equality representation throughout state constitutionally required apply standard albeit permissive one nevertheless dissenters attack application harlan adjusted total representation formula result isolated inequalities shown make proposed plan irrational place crazy quilt category inequalities dissenters point attempting support present apportionment rational explainable moreover requirement plan mathematical exactness application total picture reveals incommensurables magnitude frequency said present invidious discrimination view detailed study given problem unfortunate decision reached merits majority appears hold least sub silentio invidious discrimination present remands make certain formal determination true tennessee filed formal answer however filed voluminous papers made extended arguments supporting position time able contradict appellants factual claims offered rational explanation present apportionment indeed indicated none known emphasized case proceeded point able find invidious discrimination factually present state contested holding view background doubt anything offered gained state remand time nevertheless able muster dispose case merits concur opinion majority acquiesce decision remand however fairness think tennessee entitled idea faces record us trial light might proceed john rutledge later chief justice said years ago course constitutional convention chief function secure national rights decision today supports proposition forebears fought many died namely fully conformable principle right form government must representative keystone upon government founded lacking republic survive well practice discipline constitutional adjudication never history principles received sanction national rights many clearly infringed long time national respect courts enhanced forthright enforcement rights rather rendering nugatory interposition subterfuges view ultimate decision today greatest tradition table present total present total representation representation using using voting clark harlan county population formula formula proposed total representation appellants plan using harlan formula opinion stated also dispose case authority wood broom wood broom involved interpretation congressional reapportionment act similarly equal protection clause invoked tedesco board supervisors read later case colegrove barrett rejected equal protection argument adopted merely dismissal appeal equal protection point mentioned along attacks three constitutional provisions two congressional acts three state constitutional provisions georgia based election system consistent combination political units population giving six unit votes eight populous counties four unit votes counties next population two unit votes remaining counties see part appendix justice harlan dissent post suggested districting unconstitutional since established statute constitutional passed years ago many assembly sessions since time deliberately refused change original act event statute constitutionally valid enacted may become invalid change conditions applied nashville walters total representation indicates combined representation state senate members state house representatives members assembly tennessee assuming county one representative credited calculation likewise county senate seat credited another thus county calculation total representation two county one representative senate seat credited last figure use effort make comparisons clear rather census voting population used avoid charge use tabulations might allowed sufficient time state act however picture even irrational one course case georgia county unit system south peters supra illinois initiative plan macdougall green supra recognized political units independent significance given minimum political weight interesting note state judges often rest decisions ground precluded adjudication federal claim see scholle secretary state farrand records federal convention kant perpetual peace justice stewart concurring separate writings dissenting concurring brothers stray far subject today decision convey think distressingly inaccurate impression decides reason think appropriate joining opinion emphasize words opinion say today decides three things possessed jurisdiction subject matter justiciable cause action stated upon appellants entitled appropriate relief appellants standing challenge tennessee apportionment statutes ante pp complaint case asserts tennessee system apportionment utterly arbitrary without possible justification rationality district reach merits claim quite properly expresses view subject contrary suggestion brother harlan say imply state legislatures must structured reflect approximate equality voice every voter post say imply anything federal constitution prevent state acting irrationally choosing electoral legislative structure thinks best suited interests temper customs people post contrary suggestion brother douglas assuredly decide question may state weight vote one county one district heavily weights vote another ante macdougall green held equal protection clause deny state power assure proper diffusion political initiative thinly populated counties concentrated masses view fact latter practical opportunities exerting political weight polls available former case case arising equal protection clause said said last term fourteenth amendment permits wide scope discretion enacting laws affect groups citizens differently others mcgowan maryland case case arising clause also said burden establishing unconstitutionality statute rests assails metropolitan casualty ins brownell today decision turn back settled precedents repeat today decides district possessed jurisdiction subject matter complaint presents justiciable controversy appellants standing brother clark made convincing prima facie showing tennessee system apportionment fact utterly arbitrary without possible justification rationality brother harlan imagination ingenuity hypothesized possibly rational bases tennessee system merits case us defendants yet opportunity heard defense state system apportionment indeed yet even filed answer complaint cases proper place trial trial justice frankfurter justice harlan joins dissenting today reverses uniform course decision established dozen cases including one claim sustained unanimously rejected five years ago impressive body rulings thus cast aside reflected equally uniform course political history regarding relationship population legislative representation wholly different matter denial franchise individuals race color religion sex massive repudiation experience whole past asserting destructively novel judicial power demands detailed analysis role constitutional scheme disregard inherent limits effective exercise judicial power presages futility judicial intervention essentially political conflict forces relation population representation time mind determined may well impair position ultimate organ law land vast range legal problems often strongly entangled popular feeling must pronounce authority possessed neither purse sword ultimately rests sustained public confidence moral sanction feeling must nourished complete detachment fact appearance political entanglements abstention injecting clash political forces political settlements hypothetical claim resting abstract assumptions first time made basis affording illusory relief particular evil even though foreshadows deeper pervasive difficulties consequence claim hypothetical assumptions abstract vouchsafe lower courts state federal guidelines formulating specific definite wholly unprecedented remedies inevitable litigations today umbrageous disposition bound stimulate connection politically motivated reapportionments many setting promulgate jurisdiction abstract meaningless devoid reality brooding omnipresence sky conveys intimation relief district capable affording invite legislatures play ducks drakes judiciary direct district enforce claim years consistently found required deny legal enforcement time find necessary withhold guidance lower enforce turnabout new legal claim manifests odd indeed esoteric conception judicial propriety one supporting opinions elucidated commentary unwittingly affords disheartening preview mathematical quagmire apart divers judicially inappropriate elusive determinants today catapults lower courts country without much adumbrating basis legal calculus means extrication even assuming indispensable intellectual disinterestedness part judges matters accepted legal standards criteria even reliable analogies draw upon making judicial judgments charge courts task accommodating incommensurable factors policy underlie mathematical puzzles attribute however flatteringly omnicompetence judges framers constitution persistently rejected proposal embodied assumption thomas jefferson never entertained recent legislation creating district appropriately described atrocity ingenuity unique considering gross inequality among legislative electoral units within almost every state naturally shrinks asserting districting least substantial equality constitutional requirement enforceable courts room continues allowed weighting course implies geography economics conflict factors throughout history entered political districting extent ruled undefined vista opened review federal courts state reapportionments extent aye rub effect today decision empowers courts country devise constitute proper composition legislatures fifty state courts one reason another find unable discharge task duty put federal courts state views satisfy notion proper districting soothingly told bar need worry kind remedy effectively fashion abstract constitutional right courts pass system electoral districting recognized matter judicial rhetoric legislatures heed admonition euphoric hope implies sorry confession judicial impotence place frank acknowledgement constitution judicial remedy every political mischief every undesirable exercise legislative power framers carefully deliberate forethought refused enthrone judiciary situation others like nature appeal relief belong appeal must informed civically militant electorate democratic society like relief must come aroused popular conscience sears conscience people representatives event nothing judicially unseemly make terrorem pronouncements indulge merely empty rhetoric sounding word promise ear sure disappointing hope latest series cases equal protection due process clauses fourteenth amendment invoked federal courts restrictions upon power allocate electoral weight among voting populations various geographical subdivisions present action comes appeal order statutory district dismissing amended complaints seeking declaratory injunctive relief challenges provisions code apportion state representative senatorial seats among tennessee counties original plaintiffs citizens qualified voters entitled vote members tennessee legislature several counties respectively reside bring action behalf behalf voters state tennessee alternatively assert behalf qualified voters respective counties behalf voters state tennessee similarly situated cities knoxville chattanooga mayor nashville behalf qualified voter pursuant authorizing resolution nashville city council representative city residents permitted intervene parties plaintiff defendants executive officials charged statutory duties connection state elections original plaintiffs amended complaint avers substance following constitution state tennessee declares elections shall free equal provides qualifications age citizenship specified residence requirements shall attached right suffrage prohibits denying person suffrage entitled except upon conviction infamous crime art art iv requires enumeration qualified voters within every term ten years apportionment representatives senators among several counties districts according number qualified voters time decennial enumeration art ii notwithstanding provisions state legislature reapportioned since reapportionment act year acts code unconstitutional enacted preceded required enumeration qualified voters allocated legislative seats arbitrarily unequally discriminatorily measured federal census moreover irrespective question validity asserted act became unconstitutional obsolete virtue decennial reapportionment requirement tennessee constitution continuing purposeful systematic plan discriminate geographical class persons recent tennessee legislatures failed predecessors enact reapportionment legislation although number bills providing reapportionment introduced population shifts since apportionment fixed act year still effect proportionate population denies counties plaintiffs live additional number representatives entitled renders plaintiffs votes effective votes voters residing senatorial representative districts plaintiffs suffer debasement votes virtue incorrect arbitrary obsolete unconstitutional apportionment general assembly totality malapportionment effect permits minority percent voting population state control twenty members tennessee senate minority forty percent voting population control members house results distortion constitutional system established federal state constitutions prevents general assembly body representative people state tennessee contrary basic principle representative government contrary philosophy government jurisprudence exhibits appended complaint purport demonstrate extent inequalities plaintiffs complain based upon approximate voting population set forth figures showing state senator tennessee populous senatorial district represents five times number voters represented senator least populous district corresponding ratio least populous house districts eighteen one general assembly thus apportioned discriminated underrepresented counties favor overrepresented counties collection distribution various taxes tax revenues notably distribution school funds discrimination made possible effective legislature failure reapportion plaintiffs conclude election state legislature pursuant apportionment fixed act violates tennessee constitution deprives due process law equal protection laws guaranteed fourteenth amendment prayer declaratory judgment striking act injunction restraining defendants acts necessary holding elections districts prescribed code time legislature reapportioned according constitution state tennessee order directing defendants declare next primary general elections members tennessee legislature basis senatorial candidates representative candidates receiving highest number votes declared elected motions dismiss want jurisdiction subject matter failure state claim made granted supp district relying upon series decisions beginning colegrove green rehearing denied motion reargument full bench denied original intervening plaintiffs bring case appeal altered request relief suggesting approach first step remand district directions vacate order dismissing complaint enter order retaining jurisdiction providing necessary spur legislative action proves insufficient appellants ask additional spur injunction prohibiting elections act declaration act unconstitutionality finally means failing district invited plaintiffs greatly daring order election large redistrict state master solicitor general filed brief amicus argued favor reversal asks appeal hold district jurisdiction may properly exercise entertain plaintiffs claims merits leave remand questions challenged statute constitutionality undefined unadumbrated relief event constitutional violation found argument last term case set reargument heard term sustaining appellants claim based fourteenth amendment district may entertain suit uniform course decision years overruled disregarded explicitly begins colegrove green supra decided roots run deep historic adjudicatory process colegrove held federal entertain action declaratory injunctive relief adjudicate constitutionality equal protection clause federal constitutional statutory provisions state statute establishing respective districts state election representatives congress two opinions written four justices composed majority seven sitting members opinions joining result colegrove green agreed considerations controlling dictated denial jurisdiction though strict sense want power two opinions show divergence view regarding considerations important points concurrence opinions demonstrate predominant concern first avoiding federal judicial involvement matters traditionally left legislative policy making second respect difficulty view nature problems apportionment history country drawing devising judicial standards judgment opposed legislative determinations part mere numerical equality among voters play criterion allocation political power third problems finding appropriate modes relief particularly problem resolving essentially political issue relative merits elections elections held districts unequal population broad applicability considerations summarized loose shorthand phrase political question cases involving state apportionment voting power among numerous localities led since recognize controlling effect variety situations cases decision full political question principle applied colegrove found wide application commensurate function one rules basic federal system appropriate place within structure rescue army municipal colegrove barrett litigants brought suit federal district challenging offensive equal protection clause illinois state laws pointed state constitutional provisions requiring decennial reapportionment allocation seats proportion population alleged failure reapportion years time extensive population shifts rendered legislative districts grossly unequal sought declaratory injunctive relief respect elections held thereafter complaint dismissed district dismissed appeal want substantial federal question similar district decision affirmed radford gary cf remmey smith tedesco board supervisors declined hear want substantial federal question claim division municipality voting districts unequal population selection councilmen fell afoul fourteenth amendment cox peters rehearing denied found substantial federal question raised state dismissal claim damages devaluation plaintiff vote application georgia system primary election democratic gubernatorial candidate georgia system subsequently attacked complaint declaratory judgment injunction federal district judge declined take requisite steps convening statutory hartsfield sloan denied motion leave file petition writ mandamus compel district judge act macdougall green noted assume political power function exclusively numbers disregard practicalities government citing colegrove cases declined find broad constitutional concepts due process equal protection laws warrant federal judicial invalidation illinois statute requiring condition formation new political party securing least two hundred signatures fifty counties south peters another suit attacking georgia law affirmed district dismissal saying federal courts consistently refuse exercise equity powers cases posing political issues arising state geographical distribution electoral strength among political subdivisions ii colegrove doctrine form repeated decisions settled innovation represents long judicial thought experience earliest opinions consistently recognized class controversies lend judicial standards judicial remedies classify various instances political questions rather form stating conclusion revealing analysis cases labelled relevance others emerge unifying considerations compelling cases concerning war foreign affairs example usually explained necessity country speaking one voice matters concern alone undoubtedly accounts many decisions others fit pattern hardly embarrass conduct war determine connection private transactions litigants date upon war deemed terminated refused see protector wall brown hiatts wall adger alston wall williams bruffy suffice explain cases ludecke watkins deferring political determination question duration war purposes presidential power deport alien enemies judicial intrusion seriously impede president power effectively protect country interests time war course true precise issue presented duration time war demands power cf martin mott wheat lamar browne hamilton kentucky distilleries warehouse kahn anderson even purpose determining extent congressional regulatory power tribes dependent communities indians ordinarily congress determine whether particular indian group retains characteristics constitutionally requisite confer power holliday wall tiger western investment sandoval controlling factor cases decision respecting kinds complex matters policy traditionally committed courts political agencies government determination criteria political expediency exists standard ascertainable settled judicial experience process reference political decision affecting question issue parties judged question arises course litigation involving primarily adjudication issues litigants accepts basis adjudication political departments decision determination sole function served exercise judicial power entertain action see chicago southern air lines waterman dominant consideration lack satisfactory criteria judicial determination chief justice hughes coleman miller compare rogers worcester georgia pet may like many questions law matter degree questions arisen constitution adjudication gives answer although criteria decision less unwavering bright lines often cases illumination found federal structures established underlying presuppositions constitution respect questions recognized concerning particular power congress put issue effective restraints exercise must proceed political rather judicial processes wickard filburn also true even regarding duration war status indian tribes referred subjects ordinarily committed exclusively branches suggested limitations exist upon range within decisions branches permitted go unreviewed see sandoval supra cf chastleton sinclair merely acknowledge particular circumstances may differ greatly degree differ thereby kind although within certain range cases continuum standard distinction found tell cases fall range doctrine political questions like applied beyond limits logic quiddities abstract disharmonies may manifest see disposition contentions based logically distorting views colegrove green hunter pittsburgh gomillion lightfoot particularly unwilling intervene matters concerning structure organization political institutions abstention judicial entry areas greater even marks ordinary approach issues state power challenged broad federal guarantees reluctant decide jurisdiction case thus action nature supervise review political administration state government officials courts jurisdiction exist case plain substantial departure fundamental principles upon government based truth propriety said judgment suffered remain party aggrieved deprived life liberty property violation provisions federal constitution wilson north carolina see taylor marshall beckham walton house representatives snowden hughes cf sawyer however state law made particular federal questions determinative relations within structure state government challenge resolved narrow legally defined questions proper proceedings see boyd nebraska ex rel thayer instances conflict state policy exercise federal judicial power distinction explains decisions smiley holm koenig flynn carroll becker released state constitutional provisions prescribing local lawmaking procedures misconceived restriction superior federal requirements adjudication federal claim involved cases one demanding accommodation conflicting interests readily accessible judicial standards found see mcpherson blacker case coming writ error judgment state entertained merits treated justiciable claim state constitutionally select presidential electors districts held art ii cl constitution left mode choosing electors absolute discretion cf pope williams breedlove suttles read literalness abstracted jurisdictional discussion mcpherson opinion reveals danger conceptions justiciability derived talk effective decision case probing beneath surface cases declined interfere actions political organs government decisive significance whether situation ultimate decision intervene intervene compare reliance south peters macdougall green jurisdictional form opinion wilson north carolina supra cases involving negro disfranchisement exception principle avoiding federal judicial intervention matters state government absence explicit clear constitutional imperative controlling command law plain unequivocal end discrimination negro compelling motive civil war amendments fifteenth expresses terms less true equal protection clause fourteenth cases wall strauder west virginia nixon herndon thus cases involving discrimination negro right vote recognized action law damages appropriate circumstances extraordinary remedy declaratory injunctive relief schnell davis terry adams injunctions cases noted restrained general elections compare giles harris refused exercise jurisdiction pass abstract questions political power sovereignty government massachusetts mellon see texas interstate commerce commission new jersey sargent political question doctrine aspect reflects policies underlying requirement standing litigant challenge official action must claim infringement interest particular personal distinguished cause dissatisfaction general frame functioning government complaint political institutions awry see stearns wood fairchild hughes public workers mitchell renders cases kind necessarily nature parties resolved issues similar parties nature legal question involved type question adjudicated presented forms controversy crux matter courts fit instruments decision essentially stake composition large contests policy traditionally fought forums governments actions governments made unmade see texas white wall white hart wall phillips payne marsh burroughs woods bradley circuit justice cf wilson shaw see coyle smith thus cherokee nation sought original motion restrain state georgia enforcement laws assimilated cherokee territory state counties abrogated cherokee law abolished cherokee government held claim judicially cognizable cherokee nation georgia pet georgia stanton wall dismissed want jurisdiction bill state georgia seeking enjoin enforcement reconstruction acts ground command military districts established extinguished existing state government replaced form government unauthorized constitution matters stated body bill prayers relief call judgment upon political questions upon rights persons property political character hardly denied rights protection authority invoked rights sovereignty political jurisdiction government corporate existence state constitutional powers privileges case private rights private property infringed danger actual threatened infringement presented bill judicial form judgment essentially political nature claim made manifest understanding assault contention advanced makes sic tax tax state state addressed framework political character government statute levying tax passed government political entity reducing case essence called bar purpose testing judicially exercise power assailed ground exertion injuriously affected rights individual repugnancy constitutional limitation demand state establish right exist state republican form luther borden trespass action brought one dorr supporters circuit recover damages breaking entering house defendants justified military orders pursuant martial law declared charter government plaintiff reply joined issue legality charter government subsequent adoption dorr constitution evidence offered plaintiff tending establish dorr government rightful government rhode island rejected circuit charged jury charter government lawful verdict defendants plaintiff brought writ error chief justice taney affirmed noting issue charter government legality resolved government favor state courts rhode island state courts deeming matter political one unfit judicial determination declined entertain attacks upon existence authority charter government chief justice held courts must follow state regard recognized compulsion follow state law apply federal face superior command found federal constitution command found constitution said referring guarantee clause fourth article far provided emergency kind authorized general government interfere domestic concerns state treated subject political nature placed power hands department article constitution rests congress decide government established one state guarantee state republican government congress must necessarily decide government established state determine whether republican senators representatives state admitted councils union authority government appointed well republican character recognized proper constitutional authority decision binding every department government questioned judicial tribunal true contest case last long enough bring matter issue senators representatives elected authority government dorr head congress called upon decide controversy yet right decide placed courts ibid circuit entered upon inquiry rule determined qualification voters upon adoption rejection proposed constitution unless previous law state guide province expound law make certainly part judicial functions prescribe qualification voters state giving right denied written established constitution laws state taking away given right determine political privileges citizens state entitled unless established constitution law govern decision fortunately freedom political excitements judicial duties never propriety called officially umpire questions merely political adjustment questions belongs people political representatives either state general government questions relate matters settled strict legal principles adjusted rather inclination prejudice compromise often succeed defeated even public policy alone mere naked power rather intrinsic right another evil alarming little foreseen involved regarding questions final arbitrament judges event political privileges rights dispute among people depend decision finally isputed points making constitutions depending often shown policy inclination popular resolves popular people distribution powers constitution ever think making judges arbiters political controversies selected frequently amenable liberty follow various considerations judgments belong mere political questions dethrone lose one invaluable birthrights building way slowly surely new sovereign power republic respects irresponsible unchangeable life one dangerous theory least worst elective oligarchy worst times iii present case involves elements made guarantee clause cases effect guarantee clause claim masquerading different label make case fit judicial action appellants invoke fourteenth amendment rather art iv fact gist complaint unless found fourteenth amendment speaks greater particularity situation admonished avoid tyranny labels snyder massachusetts art iv committed express constitutional terms congress nature controversies arising nothing else made judicially unenforceable course controversy falls within judicial power depends plaintiff casts action pan american petroleum superior whether brings within jurisdictional statute judicial competence wanting created invoking one clause constitution rather another essentially guarantee clause claim sought laid well equal protection clause pacific telephone telegraph oregon supra difficulty dispelling mere confusion resulting forms expression considering substance things appellants attack state state precisely perceived attacked pacific case complaint basis representation tennessee legislature hurts assert minority rules tennessee apportionment statute results distortion constitutional system general assembly longer body representative people state tennessee contrary basic principle representative government accepting appellants formulation issue one know handsaw hawk claim merely art iv clause constitution virtue fact federal forum political debate massachusetts mellon supra appellants course rest claim simpliciter invoking equal protection clause assert distortion representative government complained produced systematic discrimination way debasement votes characterization due regard facts derived add anything appellants case first blush charge discrimination based legislative underrepresentation given appearance private less impersonal claim assertion frame government askew appellants appear representatives class prejudiced class contradistinction polity entirety however discrimination relied deprivation appellants conceive proportionate share political influence course practical effect allocation power within institutions government hardly distribution political authority assailed rendering government fail similarly operate prejudice groups advantage others within body politic ingenuous see consciously blind deny real battle initiative referendum delegation power local rather authority battle forces whose influence disparate among various organs government power may given shift power works corresponding shift political influence among groups composing society question legislative apportionment appellants invoke right vote votes counted permitted vote votes counted go polls cast ballots send representatives state councils complaint simply representatives sufficiently numerous powerful short tennessee adopted basis representation dissatisfied talk debasement dilution circular talk one speak debasement dilution value vote first defined standard reference vote worth actually asked case choose among competing bases representation ultimately really among competing theories political philosophy order establish appropriate frame government state tennessee thereby union matter abstract analogies ignore facts history deal unrealities betray reason case state device however oblique sophisticated denied negroes jews redheaded persons vote given third sixth vote gomillion lightfoot tennessee illustrates old still widespread method representation representation local geographical division part respective population preference others others forsooth appealing appellants contest choice seek make arbiter disagreement make equal protection clause charter adjudication asserting equality guarantees comports assurance equal weight every voter vote least basic conception representation proportionate population standard reference reasonableness apportionment plans may judged find political conception legally enforceable broad unspecific guarantee equal protection rewrite constitution see luther borden supra certainly equal protection secure foundation judicial judgment permissibility varying forms representative government republican form indeed since equal protection laws mean equality persons standing relation whatever governmental action challenged determination whether treatment equal presupposes determination concerning nature relationship respect apportionment means inquiry theoretic base representation acceptably republican state determine issue without fact first determining issue simply reasonable purposes depend upon frame government basically allowed divorce equal protection republican form talk half question notion representation proportioned geographic spread population universally accepted necessary element equality man man must taken standard political equality preserved fourteenth amendment appellants words basic principle representative government put bluntly true however desirable however desired among great political thinkers framers government never generally practiced today past english system colonial system system chosen national government constitution system exclusively even predominantly practiced time adoption fourteenth amendment predominantly practiced today unless judges judges make private views political wisdom measure constitution views honesty give appearance reflect reality involvement business partisan politics inescapably part apportionment controversies fourteenth amendment historical product jackman rosenbaum provides guide judicial oversight representation problem great britain writing professor mackenzie aptly summarized british history principle representation proportioned population equal electoral districts formed part programme radical reform england part programme realised late nineteenth century sole base representation certain exceptions relevant local geographical unit county borough returned fixed number members usually two english units regardless population prior reform act system marked almost total disfranchisement populous northern industrial centers grown significant size advent industrial revolution granted borough representation existence rotten borough playing substantial part crown struggle continued control commons ten southernmost english counties numbering three quarter million people two hundred parliamentary representatives six northernmost counties three half million people said one hundred eighty persons appointed three hundred fifty members commons less half century earlier madison federalist remarked half house returned less six thousand eight million people england scotland act product fierce partisan political struggle occasion charges gerrymandering without foundation effected eradication extreme numerical inequalities unreformed system adopt principle representation based population merely disfranchised certain among rotten borough enfranchised urban centers still quite without regard relative numbers wake act remained substantial electoral inequality boroughs cornwall represented sixteen times weightily judged population county eastern division average ratio seats population ten agricultural counties four half times ten manufacturing divisions honiton three thousand inhabitants equally represented liverpool four hundred thousand apportionment population began advocated generally house made basis redistribution although act year apportion representation evenly gauged population standard population shifts increased surviving inequalities representation ratio many small boroughs times birmingham manchester disparities found elsewhere sum fourth electorate returned members house first systematic english attempt distribute seats population redistribution act statute still left ratios inequality much seven one increased fifteen one parliament responded shockingly bad conditions inequality partisan political inspiration redistribution redistribution put periodic footing house commons redistribution seats act year committed continuing primary responsibility reapportioning commons administrative agencies boundary commissions england scotland wales northern ireland respectively commissions regard certain rules prescribed guidance prepare designated intervals reports home secretary submission parliament along draft order council give effect commissions recommendations districting rules adopt basic principle representation population although principle significantly modified directions respect local geographic boundaries far practicable discretion take account special geographical conditions including size shape accessibility constituencies original act rules provided subject exercise discretion respecting special geographical conditions regard total size house commons prescribed act far practicable districts deviate percent electoral quota population divided number constituencies however apparently recommendation boundary commission england percent standard eliminated restrictive replaced flexible provision constituencies near electoral quota practicable rule expressly subordinated consideration special geographic conditions preserving local boundaries free percent rule commissions drew plans distribution inequalities among districts run ordinary cases high two one case extraordinary constituencies three one action boundary commission england twice challenged courts claim commission violated statutory rules prescribing standards judgment cases judges declined intervene hammersmith borough council boundary commission england harman opinion nature controversy scheme acts made matter inappropriate judicial interference harper home secretary appeal per evershed quoting harman approval adverting wide range discretion entrusted commission acts remarking delicate character parliamentary issues sought engage reached conclusion house commons redistribution seats act made two amendments law responsive recommendation boundary commission england interval permitted commission reports doubled new maximum fifteen years suggestion commission ease future labours commission remove much local irritation rule requiring electorate constituency near electoral quota practicable amended allow us make recommendations preserving status quo area course appeared desirable inconsistent broad intention rules commissions directed consider inconvenience attendant upon alteration constituencies local ties alteration might break home secretary view amendment worked erect presumption making changes unless strong case colonies union guiding political theorists revolutionary generation english system representation salient aspects numerical inequality model avoided followed nevertheless basic english principle apportioning representatives among local governmental entities towns counties rather among units approximately equal population early taken root colonies massachusetts rhode island numbers electors taken account rough fashion allotting increasing fixed quotas representatives several towns classes towns graduated population colonies delegates allowed local units without respect numbers resulted grossly unequal electoral units representation ratio one north carolina county eight times another moreover american rotten boroughs appeared apportionment made instrument first political struggles king royal governors colonial legislatures later older tidewater regions colonies growing interior madison philadelphia convention adverted inequality representation legislatures particular arguing necessary confer congress power ultimately regulate times places manner selecting representatives order forestall overrepresented counties securing similar overrepresentation national councils example south carolina charleston overrepresentation continuing bone contention tidewater back country cited madison virginia convention king massachusetts convention support power king also spoke extreme numerical inequality arising connecticut system inequalities survived constitutional period constitution largely adopt principle numbers apportionment national legislature among one difficult problems convention solution involving state representation senate compromise house left neither chamber apportioned proportionately population within electoral power continued allotted favor tidewater jefferson notes virginia recorded unequal representation individual counties differing population ratio seventeen one elected number representatives nineteen thousand virginia fifty thousand men lived falls rivers seacoast returned half state senators almost half delegates south carolina three lower districts white population less thousand elected twenty senators seventy assembly members uplands one hundred eleven thousand white persons elected seventeen senators assemblymen early nineteenth century demands interior became insistent apportionment quarrel virginia major factor precipitating calling constitutional convention bitter animosities racked convention threatening state disunion last compromise gave three hundred twenty thousand people west thirteen senators nineteen senators returned three hundred thousand people east commanded agreement adopted polls left western counties dissatisfied threats revolt realignment state maryland maryland however numerical disproportions one representative vote calvert county worth five frederick county almost two hundred thousand people represented eighteen members fifty thousand others elected twenty result system allotment except massachusetts long struggle adopt representation population similar principle continued prevail various forms throughout new england attendant often gross inequalities time ratification fourteenth amendment later admitted several state conventions throughout first half nineteenth century scenes fierce sectional party strifes respecting geographic allocation representation product wide variety apportionment methods recognized element population differing ways degrees particularly pertinent appraisal contention fourteenth amendment embodied standard limiting freedom regard principles bases local legislative apportionment examination apportionment provisions ratified amendment respective times ratification may considered two groups ratifying ten southern whose constitutions time ratification shortly thereafter work reconstruction act conventions ten significant demonstrate unfounded assumption ratifying agreed standard apportionment theory practice baseless suggestion voting equal protection clause sought establish test mold apportionment appellants argument sound struck sub silentio state constitutional provisions constitutions ten added importance scarcely thought congress solicitous adoption fourteenth amendment make readmission late rebel congress turn respective ratifications approved constitutions appellants theory contemporaneously offended amendment ratifying first group seven eight constitutions demanded allowed apportionment houses basis population unqualifiedly qualifications respecting preservation local boundaries three apportioned essentially population base provided one house counties specified fraction ratio moiety representative since three limited size chambers fractional rule operate least michigan fact operated produce substantial numerical inequalities favor sparsely populated counties iowa favored small counties rule four counties might combined representative district new york kansas compromised population principles assuring every county regardless number inhabitants least one seat respective houses ohio maine recognized factor numbers different device former gave house representative county half ratio two representatives ratio three representatives three ratios single additional representative additional ratio latter apportioning among counties population base gave town fifteen hundred inhabitants one representative town three thousand seven hundred fifty inhabitants two representatives increasing intervals thousand two hundred fifty inhabitants towns size larger receiving maximum permitted number representatives seven departure numerical equality systems apparent maine assuming incidence towns categories representative ratios differ factors two half one minimum similarly missouri gave counties however small one representative two representatives three ratios three representatives six ratios one additional representative three ratios six new hampshire allotted representative town one hundred fifty ratable male polls voting age one representative increment three hundred figure senate apportioned population among districts based proportion direct taxes paid pennsylvania basis apportionment houses taxable inhabitants house every county least hundred taxables representative three counties joined forming representative district senate city county four state senators finally four apportioned least one house regard whatever population connecticut vermont representation house town basis rhode island gave one senator towns cities new jersey one counties house apportioned strict principle equal numbers connecticut gave counties minimum two senators vermont one new jersey assured county representative rhode island gave least one representative town city town city total number house among ten late confederate affected reconstruction acts four appear apportionment state legislative houses might based strictly population north carolina south carolina louisiana alabama county case louisiana parish assured least one seat lower house irrespective numbers distribution exhausted respectively basis number counties maximum possible number representatives single seat available assignment population basis south carolina moreover senate composed one member elected county except charleston sent two florida house county one seat guaranteed additional seat every thousand registered voters maximum four representatives georgia whose senate seats distributed among districts composed three contiguous counties assigned representation house follows three seats six populous counties two next populous one remaining might expected minimum pattern proved incompatible numerical equality georgia system produced disparities largest smallest counties sixty one constitutions thirteen congress admitted union ratification fourteenth amendment showed similar pattern six required permitted apportionment houses population subject qualifications concerning local boundaries wyoming apportioning population guaranteed counties least one seat house idaho prescribed first legislative session apportionment may provided law gave county least one representative oklahoma house members apportioned among counties give one seat half ratio two ratio one additional ratio maximum seven representatives per county montana required reapportionment house basis periodic enumerations according ratios fixed law counties represented counties senate county one senator alaska hawaii apportioned number senators among constitutionally fixed districts respective houses periodically reapportioned population subject moiety rule alaska hawaii guarantee one representative four constitutionally designated areas arizona constitution assigned representation county house giving one two senators one seven representatives making provision reapportionment contemporary apportionment detailed recent studies available describe constitutional statutory status apportionment fifty demonstrate decided trend away population exclusive base representation today dozen state constitutions provide periodic legislative reapportionment houses substantially unqualified application population standard dozen prescribe reapportionment even single chamber specific provision county representation least one house state legislature increasingly adopted since end century twenty guarantee county least one seat one houses regardless population nine others county town units given equal representation one legislative branch whatever number unit inhabitants course numerically considered provisions invariably result least populated areas effort curb political dominance metropolitan regions least ten limit maximum entitlement single county cases city one legislative house another source substantial numerical disproportion moreover common knowledge legislatures kept reapportionment date even state constitutions terms require particular pattern according greater per capita representation rural relatively sparsely populated areas pattern finds expression various state constitutional provisions given effect england elsewhere made law legislative inaction face population shifts throughout country urban suburban areas tend given higher representation ratios rural areas stark fact among numerous widely varying principles practices control state legislative apportionment today generally prevailing feature feature geographic inequality relation population standard examples endlessly multiplied new jersey counties thousand nine hundred five thousand inhabitants respectively single senator representative districts minnesota range inhabitants inhabitants ratios senatorial representation california vary much two hundred one oklahoma range ten one house constituencies roughly sixteen one senate constituencies colebrook connecticut population elects two house representatives hartford population also elects two first third fifth examples products constitutional provisions subordinate population regional considerations apportionment second result legislative inaction fourth derives constitutional legislative sources survey made sum reveals less thirty percent population inhabit districts sufficient elect house majority thirteen senate majority nineteen figures show individual variations generally accepted standard electoral equality show never standard place equality factor apportionment measured manifestly equal protection clause supplies clearer guide judicial examination apportionment methods guarantee clause apportionment character subject extraordinary complexity involving even fundamental theoretical issues concerning represented representative legislature fought compromised considerations geography demography electoral convenience economic social cohesions divergencies among particular local groups communications practical effects political institutions like lobby city machine ancient traditions ties settled usage respect proven incumbents long experience senior status mathematical mechanics censuses compiling relevant data host others legislative responses throughout country reapportionment demands census glaringly confirmed factors lend evaluations nature staple judicial determinations judges equipped adjudicate legal training experience native wit true every strand complicated intricate web values meet contending forces partisan politics practical significance apportionment next election results may differ apportionment battles overwhelmingly party contests add virulent source friction tension relations embroil federal judiciary iv appellants however contend federal courts may provide standard fourteenth amendment lacks reference provisions constitution tennessee argument although greater disparities electoral strength may suffered exist immune federal judicial review result apportionment legislation consistent state constitutions tennessee legislature may abridge rights face constitution appears give without act denying equal protection laws said law tennessee expressed words written constitution made basic choice among policies favor representation proportioned population longer open state allot voting power principles reasoning bear analysis like claims invoking state constitutional requirement rejected good reason settled whatever federal consequences may derive discrimination worked state statute must discrimination written state fundamental law nashville browning see castillo mcconnico coulter louisville owensboro waterworks owensboro hebert louisiana snowden hughes appellants complain practice allegations law tennessee sixty years allege apportionment act created unequal districts passed still maintains unequal districts allege legislature since purposefully retained unequal districts tennessee refused invalidate law establishing unequal districts kidd mccanless appeal dismissed circumstances said browning case supra clearly governs case according petitioner claim organs state conforming practice systematic unbroken forty years questioned first time narrow conception jurisprudence confine notion laws found written statute books disregard gloss life written upon settled state practice supplant constitutional guarantees establish state law equal protection clause write empty formalism constitution deeply embedded traditional ways carrying state policy petitioner complains often tougher truer law dead words written text equal protection clause command candor another aspect however kidd mccanless case supra introduces factor peculiar litigation emphasizes duty declining exercise federal judicial jurisdiction apportionment cases come consideration weighty determining difficulty impossibility devising effective judicial remedies class case injunction restraining general election unless legislature reapportions paralyze critical centers state political system threaten political dislocation whose consequences foreseeable declaration devoid implied compulsion injunctive relief idle threat surely federal district remap state complexities impede effective judicial review apportionment fortiori make impossible consideration imponderables original matter choice elections large opposed elections district however unequal districts matter sweeping political judgment enormous political implications nature reach certainly beyond informed understanding capacity appraisal courts tennessee moreover mccanless case closed several among even unsatisfactory dangerous modes relief case suit state courts attacking reapportionment act seeking declaration injunction act enforcement alternatively writ mandamus compelling state election officials hold elections large alternatively decree reapportioning state chancellor denied coercive relief entertained suit purpose rendering declaratory judgment view despite invalidation statute present legislature elected body continue possess de facto authority reapportion therefore maintaining suit threaten disruption government tennessee agreed coercive relief granted particular said provision law election general assembly election large state thus legislature elected large legally constituted legislative authority state reversed however chancellor determination give declaratory relief holding ground demurrer asserted striking statute disrupt orderly process government sustained seems obvious therefore hold act declared unconstitutional de facto doctrine applied maintain present members general assembly office chancellor correct holding statute expired passage decade following enactment reason prior apportionment acts expired like lapse time therefore existing members general assembly apportionment act whatever new election held election members general assembly ultimate result holding act unconstitutional reason lapse time deprive us present legislature means electing new one ultimately bring destruction state although district jurisdiction restricted sense power determine whether adjudicate claim case class political controversy nature subject unfit federal judicial action judgment district dismissing complaint failure state claim relief granted therefore affirmed worth reminding problem legislative apportionment one dividing north south indeed present house representatives example michigan congressional districts far less representative numbers inhabitants according census louisiana michigan sixteenth district urban contains persons twelfth urban contains many persons louisiana populous district sixth urban contains persons least populous eighth urban contains nearly half gross disregard assumption political system implies even approximation notion individual votes various districts within state equal weight true california illinois ohio georgia see department commerce census release february see wood broom colegrove green rehearing denied motion reargument full bench denied cook fortson rehearing denied turman duckworth rehearing denied colegrove barrett macdougall green south peters tedesco board supervisors remmey smith cox peters rehearing denied anderson jordan kidd mccanless radford gary hartsfield sloan matthews handley perry folsom supp magraw donovan supp cf dyer kazuhisa abe supp hawaii see keogh neely although motion intervene mayor nashville asserted interest litigation representative capacity complaint subsequently filed set forth qualified voter also sued behalf municipalities knoxville chattanooga purport represent residents since claims municipal intervenors differ materially parties sue individual voters need determine whether municipalities proper parties proceeding see stewart kansas city original complaint named defendants tennessee secretary state attorney general coordinator elections three members state board elections seeking make board members representatives state county election commissioners prayer intervening complaint city knoxville commissioners elections knox county added parties defendant seems acted defendants moved dismiss inter alia ground failure join indispensable parties argue county election commissioners counties effective administrators tennessee elections laws none defendants substantial duties connection therewith district deferred ruling ground motion inasmuch involves questions local law appropriately decided judges sitting tennessee since event failure join county election commissioners action looking prospective relief corrected necessary amendment complaints issue concern appeal jurisdiction predicated upon however counties ratio required representative entitled seat one member house certain geographical restrictions upon formation senate districts applicable provisions article ii tennessee constitution sec census enumeration qualified voters apportionment representatives general assembly shall made year one thousand eight hundred within every subsequent term ten years sec apportionment representatives number representatives shall several periods making enumeration apportioned among several counties districts according number qualified voters shall exceed population state shall one million half shall never exceed provided county ratio shall entitled one member sec apportionment senators number senators shall several periods making enumeration apportioned among several counties districts according number qualified electors shall exceed number representatives apportioning senators among different counties fraction may lost county counties apportionment members house representatives shall made county counties senate near may practicable district composed two counties shall adjoining county shall divided forming district alleged certain amendments act made minor modifications act adjusting boundaries individual districts manner material plaintiffs claims exhibits reveal source population figures set forth appears figures taken census population volume ii part tennessee table census figures represent total population years age tennessee county purport enumerate qualified voters qualified electors measure apportionment prescribed tennessee constitution see note supra qualify vote tennessee addition fulfilling age requirement individual must citizen resident state twelve months county offers vote six months next preceding election must disqualification attaching conviction certain offenses code statistics found census population volume ii part tennessee table suggest residence requirement particular may unknown variable considerable significance appellants suggest means basis federal census figures determine number qualified voters various tennessee counties county aid funds derived portion state gasoline privilege tax example distributed among counties follows equally among counties basis area basis population used county authorities building repairing improving county roads bridges code appellants urge distribution discriminatory plaintiffs also suggested alternative elections district might redistrict state however expressly pray relief see bickel foreword passive virtues harv rev et seq see palmer wheat divina pastora wheat williams suffolk ins pet kennett chambers doe braden jones terlinden ames charlton kelly oetjen central leather ex parte peru clark allen compare foster elam neilson pet arredondo pet course judgment concerning political nature even controversy affecting nation foreign affairs simple mechanical matter certain decisions accorded scant weight consideration unity action conduct external relations compare connell pink obviously equivalent saying characteristics constitutionally requisite judicially enforceable sense recognition necessity condition legislation left observance certain constitutional commands conscience organs cf kentucky dennison also compare coleman case sprague hawke smith see national prohibition cases consider treatment several contentions leser garnett myers anderson nixon condon lane wilson smith allwright action damages improperly rejecting elector vote given english law since time ashby white brown cases parliament ld raym ld raym case day precipitated war major dimensions see hansard parliamentary history england prior cases recognized action implication dictum swafford templeton wiley sinkler respecting federal elections cf gomillion lightfoot statute action preventive relief given certain voting cases stat amending see raines thomas compare rhode island massachusetts pet cases following georgia stanton wall compare worcester georgia pet cherokee nation georgia pet justice johnson concurring justice thompson dissenting alternative ground chief justice marshall opinion question marshall reserved unnecessary decide justiciability bill aspect doubtful question whether part bill respects land occupied indians prays aid protect possession might entertained ibid justice johnson concurring found controversy put ruling solely ground justice thompson dissent agreed much matter bill fit judicial determination cf mississippi johnson wall considerations similar determined cherokee nation case georgia stanton doubt explain celebrated decision nabob carnatic east india ves jun ves jun rather attribution portion british sovereignty respect indian affairs company reluctance english judges involve contests factional political power ancient standing duke york claim crown rotuli parl printed wambaugh cases constitutional law role judges asked play appears rather advocates judges answer returned lords relied reasons equally applicable either role shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence cf cases holding fourteenth amendment imposes restriction upon form state governmental organization permit persons affected government action complain organization principles separation powers violated dreyer illinois soliah heskin houck little river drainage district consistent refusal find federal constitution restricts state power design structure state political institutions reflected cases rejecting claims arising creation alteration destruction local subdivisions powers insofar claims made subdivisions see laramie county albany county pawhuska pawhuska oil gas trenton new jersey risty chicago williams mayor city council baltimore whole body residents share general undifferentiated interest preservation see hunter pittsburgh policy also given effect denial standing persons seeking challenge state action infringing interest separate unit within state administrative structure denial precludes arbitrament federal courts disputes local allocation government functions powers see smith indiana braxton county west virginia marshall dye stewart kansas city contention held sound necessarily affect validity particular statute us every statute passed oregon since adoption initiative referendum indeed propositions go since essence assert governmental function legislative judicial oregon assumed proposition well founded one time one government republican form character compare luther borden authorized enter upon inquiry proposed plaintiff decided charter government legal existence period time mentioned annulled adoption opposing government laws passed legislature time nullities taxes wrongfully collected salaries compensation officers illegally paid public accounts improperly settled judgments sentences courts civil criminal cases null void officers carried decisions operation answerable trespassers cases criminals decision might lead results becomes duty examine carefully powers undertakes exercise jurisdiction see bowen recent contest rhode island frieze concise history efforts obtain extension suffrage rhode island year ed mowry dorr war wayland affairs rhode island ed reasoned respect guarantee domestic violence also contained art iv authority committed solely congress congress empowered president courts enforce inconceivable courts assume power make determinations premises might conflict executive noted fact president recognized governor charter government lawful authority rhode island although unnecessary call militia support see note supra evaluating determination inquire authority charter government must remembered throughout country dorr received sympathy democratic press cause therefore became distinctly party issue warren history rev ed appellants also allege discrimination legislature allocation certain tax burdens benefits whether discrimination violate equal protection clause tax statutes challenged proper proceeding see dane jackson cf nashville wallace recitative allegations affect nature controversy appellants complaints present appellants find right one ballot counted authority mosley classic saylor cases hold conspiracies commit certain sharp election practices federal election cause ballots receive weight law fact given may amount deprivations constitutionally secured right vote federal officers see bathgate cases much suggest exists constitutional limitation upon relative weight law might properly entitle respective ballots even federal elections mackenzie free elections hereafter mackenzie ogg english government politics ed hereafter ogg seymour electoral reform england wales hereafter seymour ogg seymour carpenter development american political thought hereafter carpenter ogg seymour federalist wright ed compare seymour takes account restricted franchise well effect apportionment principle seymour ogg seymour instances gross inequality see seymour seymour ogg seymour seymour mackenzie see also seymour ogg ogg ogg ogg geo vi act amended house commons redistribution seats act geo vi two provisions consolidated house commons redistribution seats act geo vi since amended house commons redistribution seats act eliz ii see generally butler redistribution seats public administration see note supra however commissions given discretion depart strict application local boundary rule avoid excessive disparities electorate constituency electoral quota electorate constituency neighboring constituencies detailed discussion see craig parliament boundary commissions public law see also butler supra note mackenzie times cols ch reserved question whether judicial remedy might found case appeared commission manifestly acted complete disregard acts note supra first periodical report boundary commission england cmd par act see note supra intervals reports less three seven years certain qualifications act raised minimum ten maximum fifteen years first periodical report supra note par deb ser see federalist supra note tudor life james otis griffith rise development gerrymander hereafter griffith luce legislative principles hereafter luce griffith griffith griffith carpenter griffith luce carpenter griffith ii farrand records federal convention power provided art cl iii elliot debates ed ii see madison farrand op supra note great difficulty lies affair representation adjusted others surmountable see federalist wright ed see federalist carpenter jefferson notes state virginia peden ed see also ii writings thomas jefferson memorial ed carpenter griffith griffith luce bowen supra note records providence county rhode island population elected representatives town providence double size newport half newport number representatives carpenter luce griffith see stat stat various indices population employed among took account factor numbers counted inhabitants art iv white inhabitants ill art iii male inhabitants ind art iv qualified voters tenn art ii excluded aliens art iii untaxed persons color excluded untaxed indians military personnel neb art ii present purposes differences although unimportant revealing fundamental divergences representation theory disregarded ore art iv ill art iii ind art iv minn art iv wis art iv mass amends xxi xxii neb art ii minnesota made provision periodic reapportionment nevada constitution art xv provided federal censuses interim state decennial enumerations serve bases representation houses expressly require either numerical equality reapportionment fixed intervals several constitutions contain provisions forbid splitting counties otherwise require recognition local boundaries see severe restriction ill art iii provisions almost inevitably produce numerical inequalities see example university oklahoma bureau government research legislative apportionment oklahoma however effect regard turn idiosyncratic local factors constitutional provisions significant source inequality provisions disregarded tenn art ii ratio entitles county one representative house va art iv ratio entitles county one representative house mich art iv ratio entitles county thereafter organized one representative house oregon iowa rule applied gave house seat counties moiety single ratio counties half ratio excess multiple ratio ore art iv note supra iowa art iii note infra see bone attempting comply reapportionment requirements law contemp prob also appears although section altogether clear provisions west virginia constitution controlling apportionment senators operate favor state less populous regions limiting single county maximum two senators va art iv iowa art iii art iii except hamilton county kan art art kansas provisions require periodic apportionment based censuses terms demand equal districts ohio art xi see art xi senate apportionment art iv pt first see art iv pt second senate apportionment based numbers mo art iv see art iv senate apportionment based numbers towns smaller one hundred fifty situated inconvenient join towns voting purposes might permitted legislature send representative pt second ix xi pt second xxvi pa amended art conn art third vt ii art vi art iv cl one conn amend ii vt amend art iv cl one art ark art va art iv constitution effect virginia ratified fourteenth amendment va art virginia convention constitution miss art iv tex art iii virginia constitutions texas provisions apportioning lower chamber terms require equality numbers although call reapportionment following census arkansas legislature authorized commanded reapportion periodically clear equality required art ii see art ii senate apportionment based numbers art art ii la tit ii arts see tit ii arts senate apportionment based numbers ala art viii see art viii senate apportionment based numbers art ii fla art xiv par see art xiv par senate apportionment ga art iii extent legislative authority alter districts unclear appears structure three contiguous counties districts meant permanent ga art iii extent legislative authority alter apportionment unclear appears structure meant permanent see durfee apportionment representation legislature study state constitutions rev short met constitutional requirements law contemp prob harvey reapportionments state legislatures legal requirements law contemp prob excellent case study numerical inequalities deriving solely minimum provision ohio see aumann rural ohio hangs nat mun rev dauer kelsay unrepresentative nat mun rev effect later georgia constitutional provision ga substantially similar system subsequently adopted florida fla art vii effects inequalities order eighty one dauer kelsay supra constitutions discussed new entered union colo art art art iii wash art ii utah art ix art iv following colorado utah constitutions provide reapportionment according ratios fixed law periodic census enumeration new mexico legislature authorized commanded reapportion periodically north dakota terms demand equality house representation members assigned among several senatorial districts equal population wyo art iii legislative department art iii apportionment idaho art iii okla art see art senate apportionment based numbers mont art vi mont art art vi effective provisions first shall one senator county second senatorial district shall consist one county alaska art vi art xiv exact boundaries districts may modified conform changes house districts numbers senators approximate perimeters preserved hawaii art iii alaska art vi method equal proportions used hawaii art iii method equal proportions used within four basic areas form moiety rule obtains ariz art iv pt basis census figures apportionment yielded example differential four one mohave cochise mohave maricopa counties ii thirteenth census pertinent state constitutional provisions set forth tabular form xiii book greenfield ford emery legislative reapportionment california national perspective university california berkeley earlier treatment outdated several respects still useful durfee supra note see discussions harvey supra note shull political partisan implications state legislative apportionment law contemp prob nebraska unicameral legislature included count greenfield ford emery supra note harvey supra note see tabor gerrymandering state federal legislative districts md rev see mather ray iowa senatorial districts reapportioned possible plan iowa rev see walter reapportionment urban representation annals american academy political social science bone supra note legislative inaction state constitutional provisions rejecting principle equal numbers contributed generally prevailing numerical inequality representation country compare walter supra baker one vote one value nat mun rev see griffith luce merriam american political ideas legislation apportionment new york state senate john rev boundary commission england impressed advantages accessibility large compact urban regions enjoy widely scattered rural areas came conclusion conveniently support electorates excess electoral quota majority cases prefer rather suffer severance local unity parliamentary purposes general urban constituencies conveniently support large electorates rural constituencies initial report boundary commission england cmd see also mackenzie de grazia general theory apportionment law contemp prob see walter supra note walter reapportionment state legislative districts iii rev conflict often core apportionment controversy see durfee supra note short supra note baker rural versus urban political power macneil urban representation state legislatures state government conference mayors government people people people ca see addition authorities cited notes supra infra containing examples remarked text hurst growth american law law makers american political science committee american legislatures american state legislatures zeller ed gosnell democracy threshold freedom lewis legislative apportionment federal courts harv rev friedman reapportionment myth nat civ rev cong rec remarks senator clark supporting materials sess doc sess hadwiger representation missouri general assembly mo rev hamilton beardsley coats legislative reapportionment indiana observations suggestion notre dame law corter pennsylvania ponders apportionment temple concerning classical gerrymander see griffith passim luce brooks political parties electoral problems ed foreign examples numerical disproportion see hogan election representation finer theory practice modern government rev ed baker supra note recent new jersey legislation provides reapportionment state lower house executive action following census subsequent laws apportionment made basis population save county assured least one house seat state senate however constitutional command county elects single senator regardless population art iv ii par note rev greenfield ford emery supra note university oklahoma bureau government research apportionment problem oklahoma labor economic rev dauer kelsay unrepresentative nat mun rev see second schedule house commons redistribution seats act geo vi amended house commons redistribution seats act eliz ii english experience described text notes supra see also report assembly interim committee elections reapportionment california assembly hereafter california committee report geographic desires people desires elected officeholders desires political parties legitimately operate within framework relatively equal population districts factor also within factors contiguity compactness county assembly line legal restrictions operate outside framework theoretically equal population districts factors might conceivably weight one situation another factors might considerably important others making final determination virginia legislative committee adverted many difficulties natural topographical barriers divergent business social interests lack communication rail highway disinclinations communities breaking political ties long standing resulting cases districts requesting remain populations averages rather equal representation changed conditions report joint committee state senatorial house districts virginia general assembly house delegates doc tennessee state planning commission concerning problem congressional redistricting spoke tradition relates sense belonging loyalties groups items common interest friends fellow citizens like circumstance environment region tennessee state planning commission pub redistricting congress first page see california committee report reapportionment process nature political politics reapportionment long representative form government exists impossible draw district boundary line without line political significance see celler congressional apportionment past present future law contemp prob speaking history congressional apportionment mere reading debates constitutional convention contemporary congresses question apportionment reveals conflicting interests large small extent partisan politics permeates entire problem see standards congressional districts apportionment hearings subcommittee committee judiciary house representatives sess concerning proposed provision judicial enforcement certain standards laying districts kasem think provision embodying language compact form practicable might result decision depending upon political inclinations judge celler impugning integrity federal judiciary kasem recognize human frailties instance torn fact fancy political issues involved reapportionment see state ex rel lashly becker mo especially dissenting opinion higbee see text notes supra decisions state courts entertained apportionment cases respective state constitutions course involve different considerations relevant federal judicial intervention adjudication involve delicate problems relations inhere exercise federal judicial power impose restrictions upon shaping governmental institutions moreover state constitutions generally speak specificity totally lacking attempted utilization generalities fourteenth amendment apportionment matters expressly commit apportionment state judicial review see art iii even precisely fix criteria judicial judgment respecting allocation representative strength within electorate see asbury park press woolley appellants suggestion although relief may need given jurisdiction retained spur legislative action merit discussion see note supra dissenting opinion justice harlan justice frankfurter joins dissenting opinion justice frankfurter join demonstrates abrupt departure majority makes judicial history putting federal courts area state concerns area instance tennessee state courts refused enter detract opinion say panorama judicial history unfolds though evincing steadfast underlying principle keeping federal courts domains tendency variants expression becloud analysis given case due respect majority think happened one cuts thicket discussion devoted jurisdiction standing justiciability political question emerges straightforward issue view determinative case complaint disclose violation federal constitutional right words claim district jurisdiction majority opinion actually discuss basic question one concurring justice observes seems decide sub silentio ante however opinion appellants allegations accepting true parsed whole show infringement tennessee rights assured fourteenth amendment accordingly believe complaint dismissed failure state claim upon relief granted fed rules civ rule essential recognize case issue relates method state electoral apportionment seats federal house representatives allocated solely right state fix basis representation legislature first decided extent right limited federal constitution whether tennessee done failed instance runs afoul limitation need reach issues justiciability political question considerations cases colegrove green led decline adjudicate challenge state apportionment affecting seats federal house representatives absence controlling act congress see also wood broom appellants claim case ultimately rests entirely equal protection clause fourteenth amendment asserted tennessee violated equal protection clause maintaining effect system apportionment grossly favors legislative representation rural sections state urban communities stripped essentials complaint purports set forth three constitutional claims varying breadth equal protection clause requires vote cast state legislative elections given approximately equal weight short existing apportionment state legislators unreasonable amount arbitrary capricious act classification part tennessee legislature offensive equal protection clause event existing apportionment rendered invalid fourteenth amendment flies face tennessee constitution find nothing equal protection clause elsewhere federal constitution expressly impliedly supports view state legislatures must structured reflect approximate equality voice every voter proposition refuted history shown brother frankfurter strikes deep heart federal system acceptance require us turn backs regard always shown judgment state legislatures courts matters basically local concern last analysis lies core controversy difference opinion function representative government surely beyond argument responsibility devising system representation may permissibly consider factors bare numbers taken account existence senate proof enough consider may ignore tennessee legislature judgment instance body product asymmetrical electoral apportionment effect assume conclusion disputed hence must accept present form tennessee legislature embodiment state choice realistically compromise competing political philosophies federal courts empowered equal protection clause judge whether resolution state internal political conflict desirable undesirable wise unwise respect state tax statutes regulatory measures example said day gone uses fourteenth amendment strike state laws may unwise improvident harmony particular school thought williamson lee optical think compelling us follow principle involved freedom state deal intimate concern structure legislative branch federal constitution imposes limitation form state government may take generally committing duty guarantee every state republican form government brother frankfurter conclusively proves ante pp intention fix immutably means selecting representatives state governments minds either founders draftsmen fourteenth amendment short nothing federal constitution prevent state acting irrationally choosing electoral legislative structure thinks best suited interests temper customs people thought proposition settled macdougall green observed assume political power function exclusively numbers disregard practicalities government reaffirmed south peters state choice distribute electoral strength among geographical units rather according census population certainly less rational decision policy choice levy tax property rather tax income legislative judgments entitled equal respect ii claim tennessee system apportionment unreasonable amount capricious classification voting strength stands better dispassionate analysis said time equal protection clause demand state enactments either mathematical identity rigid equality allied stores ohio bowers authorities cited mcgowan maryland prohibited invidious discrimination bearing rational relation permissible policy state williamson lee optical supra deciding whether discrimination practiced state must borne mind statutory discrimination set aside state facts reasonably may conceived justify mcgowan maryland supra inequality alone calls holding unconstitutionality inequality based impermissible standard may condemn basis claim made case distribution state senators representatives product capriciousness constitutionally prohibited policy tennessee arranged electoral districts deliberate purpose dilute voting strength one race cf gomillion lightfoot religious group intentionally underrepresented charge legislature indulged sheer caprice allotting representatives county basis throw dice determinant bearing rational relation question apportionment rather claim state legislature unreasonably retained substantially allocation senators representatives established statute refusing recognize great shift population balance urban rural communities occurred meantime alleged even apportionment invalid allocate state legislators among counties accordance formula set art ii tennessee constitution support appellants furnished table indicates six counties overrepresented underrepresented table fact shows nothing way significant discrepancy instance county one representative either lacking added perfectly evident variations attributable nothing circumstance enumeration voters resulted fractional remainders respect precise formula tennessee constitution instances slightly disregarded unless de minimis departures deemed significance statistics certainly provide substantiation charge apportionment arbitrary capricious indeed show contrary thus reduced essentials charge arbitrariness capriciousness rests entirely consistent refusal tennessee legislature past years alter pattern apportionment reasonable conceived federal district asked say passage time rendered apportionment obsolete point continuance becomes vulnerable fourteenth amendment matter one involves classic legislative judgment surely lies within province state legislature conclude existing allocation senators representatives constitutes desirable balance geographical demographical representation interest stability government best defer time redistribution seats state legislature indeed hardly think unconstitutional state legislature expressed reason establishing maintaining electoral imbalance rural urban population protect state agricultural interests sheer weight numbers residing cities state may take account interests rural population distribution tax burdens american sugar rfg louisiana recognition special problems agricultural interests repeatedly reflected federal legislation act stat agricultural adjustment act stat even exemption agricultural activities state criminal statutes otherwise general application deemed offensive equal protection clause tigner texas fourteenth amendment impose stricter limitation upon state apportionment political representatives central government think matters local policy wisdom federal judiciary neither permitted qualified sit judgment suggestion brother frankfurter courts lack standards decide cases relevant question justiciability also perhaps fundamentally determination whether cognizable constitutional claim asserted case courts unable decide apportionment originally valid becomes void factors entering decision basically matters appropriate legislative judgment long exists possible rational legislative policy retaining existing apportionment legislative decision said breach bulwark arbitrariness caprice fourteenth amendment affords certainly due respect facile arithmetical argument contained part ii brother clark separate opinion ante pp provides tenable basis considering breach instance see appendix opinion conclusions hardly escaped suggesting capricious state action might found appear majority tennessee legislators refusing consider reapportionment actuated perpetuating political offices unworthy improper motives since fletcher peck cranch decided many years ago repeatedly pointed business federal courts inquire personal motives legislators arizona california function federal judiciary ends matters kind appears think undisputed facts state action complained rested rational basis see appendix opinion view majority opinion failed point recognizable constitutional claim alleged complaint indeed interesting note brother stewart pains disclaim point majority opinion suggest federal constitution requires particular kind electoral apportionment still less must accord voter approximately equal voting strength concurring opinion ante may asked left complaint surely bare allegations existing tennessee apportionment incorrect arbitrary obsolete unconstitutional amounting nothing legal conclusions save complaint dismissal see snowden hughes collins hardyman allegations shift appellees burden proving constitutionality state statute correctly emphasized brother stewart ante consistently held cases arising equal protection clause burden establishing unconstitutionality statute rests assails metropolitan casualty ins brownell emphasis added moreover appellants suggest show trial anything beyond matters previously discussed opinion add nothing way supportable constitutional challenge statute finally majority failure come grips question whether complaint claim cognizable federal constitution issue necessarily presented appellees motion dismiss course furnish ground permitting action go trial reading majority concurring opinions one find difficult catch premises underlie decision fact appellants unable obtain political redress asserted grievances appears regarded matter lead stretch find basis judicial intervention equal protection clause invoked opinion notably eschews explaining consonant past decisions undisputed facts case considered show violation constitutional provision majority seems accepted argument pressed bar merely asserts authority field tennessee malapportioning quickly respond appropriate political action need greatly concerned federal courts becoming involved matters time majority wholly failed reckon future may hold store optimistic prediction fulfilled thus reflects adventure judicial experimentation solid piece constitutional adjudication whether dismissal case want jurisdiction suggested bell hood failure complaint state claim upon relief granted judgment district correct conclusion appropriate say one need agree citizen tennessee done failed order deprecate judge majority today observers see primarily last refuge correction inequality injustice matter nature source doubt applaud decision break past consider continuing national respect authority depends large measure upon wise exercise discipline constitutional adjudication view decision deep concern affirm appendix opinion justice harlan inadequacy arithmetical formulas measures rationality tennessee apportionment one concurring opinions brother stewart suggests reasons justify finding present distribution state legislators unconstitutionally arbitrary true majority opinion brother clark hand concludes apportionment picture tennessee gigantic proportions ante solely basis certain statistics presented text separate opinion included extensive table appended thereto view analysis defective total representation formula set opinion ante rests faulty mathematical foundations basically approach taken wholly ignores factors justifying legislative determination sort involved devising proper apportionment state legislature failing take matters account focusing particular mathematical formula shown patently unsound brother clark opinion submit unwittingly served bring reasons support view complaint state claim relief granted order warrant holding state electoral apportionment invalid equal protection clause line constitutional doctrine must find none permissible policies none possible formulas might based rationally justify particular inequalities outset denied apportionment rules explicitly set tennessee constitution rational rules based following obviously permissible policy determinations utilize counties electoral units prohibit division county composition electoral districts allot county substantial voting population least average voting population per county separate direct representative create floterial districts multicounty representative districts made one county require districts composed adjoining counties framework unavoidably leads unreliable arithmetic inequalities mathematical formula whereby counties total representation sought measured particularly results egregiously deceptive disparities formula proposed brother clark opinion applied formula computes county total representation adding number direct representatives county entitled elect fraction seats tennessee house allocated county jointly one others floterial district triple number senators county entitled elect alone triple fraction seats tennessee senate allocated county jointly one others multicounty senatorial district fractions used items computed allotting county combined district equal share house senate seat regardless voting population counties make election district formula patently deficient eliminates consideration relative voting power counties joined together single election district result formula unrealistically assigns moore county senator addition direct representative ante although must obvious moore voting strength eighteenth senatorial district almost negligible since moore county cast votes total eligible vote senatorial district truth considered represented senator assuming arguendo total representation figure significance moore total representation formula suggested brother clark must adjusted regardless whether one thinks assuredly federal constitution requires vote given equal weight correction necessary simply reflect real facts political life may course true floterial representative function represent whole district ante gainsaid long elections within district decided system county casts one vote adding total number individual votes cast candidate concern elected representatives primarily populous counties district ii mean suggest mathematical formula albeit adjusted one proper touchstone measure rationality present appellants proposed apportionment plan table appended brother clark opinion conclusively shows whether one applies formula suggests one adjusted reflect proportional voting strength within election district plan apportionment consistent principal policies tennessee constitution provide proportionately equal total representation tennessee counties pattern suggested appellants exhibits attached complaint said fair distribution accords tennessee constitution election districts represents approximately equal voting population even tested adjusted formula plan reveals gross total representation disparities make appear crazy quilt example loudon county twice voting population humphreys county less representation humphreys representation warren county voters among populous counties similar discrepancies appear although anderson county somewhat voters blount county approximately representation blount approximately representation montgomery county less voters iii fault purely statistical approach case hand lies particular mathematical formula used failure take account fact multitude legitimate legislative policies along circumstances geography demography account seeming electoral disparities among counties principles set tennessee constitution deemed significant others may considered accepted entrusted responsibility tennessee apportionment purposes judging constitutionality equal protection clause must remembered controlling issue rationality state legislature may actually considered may deemed considered example list horribles cited brother clark ante underrepresented counties semiurban contain municipalities population say however presence municipality within county necessarily demands proportional representation reduced order render consistent urban versus rural plan apportionment considerations may intervene outweigh legislature desire distribute seats achieve proper balance urban rural interests size county terms total area may factor location within county major industry may thought call dilution voting strength combination certain smaller counties heavily populated neighbors senatorial floterial districts may result apparent arithmetic inequalities broadly disparities electoral strength among various counties tennessee relied upon brother clark others may accounted various economic political geographic considerations allegation made appellants existing apportionment result forces always work legislative process record briefs arguments attest fact appellants put forward nothing trial disregarding wide variety permissible legislative considerations may enter state electoral apportionment brother clark turned highly complex process elementary arithmetical puzzle blinking reality analysis stand essentially legislative determination made subject judicial inquiry iv apart policies suggested suffice justify particular inequalities consideration rationally led tennessee legislature exercise deliberate choice maintain status quo rigidity apportionment pattern may much legislative policy decision provision periodic reapportionment interest stability state may write fundamental law permanent distribution legislators among various election districts thus forever ignoring shifts population indeed several achieved result providing minimum maximum representation various political subdivisions counties districts cities towns see harvey reapportionments state legislatures legal requirements law contemp probs said one find rational standard tennessee legislature failed past years surely one need search far find rationality legislature continued refusal recognize growth urban population accompanied development industry past half decade existence slight disparities rural areas overcome fact foremost apparent legislative motivation preserve electoral strength rural interests notwithstanding shifts population understand conceded least majority policy rendered unconstitutional merely favors rural voters electoral apportionment process recognized product legislative compromise among policies often conflict relevant constitutional principles put appellants federal courts relevant provisions tennessee constitution art ii sec apportionment representatives number representatives shall several periods making enumeration apportioned among several counties districts according number qualified voters shall exceed population state shall one million half shall never exceed provided county ratio shall entitled one member sec apportionment senators number senators shall several periods making enumeration apportioned among several counties districts according number qualified electors shall exceed number representatives apportioning senators among different counties fraction may lost county counties apportionment members house representatives shall made county counties senate near may practicable district composed two counties shall adjoining counties shall divided forming district formula clearly spelled opinion necessarily inferred figures presented knox county example said total representation elects three direct representatives value one representative district value one direct senator value one senator district value see appendix opinion justice clark ante pp adjusted formula measuring total representation applied horribles cited concurring opinion ante reveals counties purportedly equal total representation distinctly unequal voting population total representation rather representation rutherford county moore county rutherford decatur county representation carter county loudon anderson counties substantially underrepresented proximity knox county outweighs votes sixth senatorial district eighth floterial district disparities serious brother clark formula applied appellants proposal example seven counties chosen illustrative examined represented appellants distribution moore county voting population given electoral strength decatur county voting population carter county voting population total representation anderson county voting population rutherford county voting population murfreesboro rutherford county pop elizabethton carter county pop oak ridge anderson county pop tennessee blue book pp example carter washington counties approximately large maury madison counties terms square miles may explain disparity total representation figures example addition blount county location city alcoa aluminum company america located large aluminum smelting rolling plant may explain difference total representation gibson county large industry contains municipality large maryville example chester county voting population one presently said overrepresented appellants proposal chester combined populous madison county floterial district four others including shelby county senatorial district consequently total representation according appendix brother clark opinion ante effect disenfranchising county voters similarly rhea county almost voters find voting strength diluted practically nonexistent example primarily eastern portion state complaining malapportionment along cities memphis nashville eastern section industry principally located population density even outside large urban areas highest consequently tennessee apportioning favor agricultural interests constitutionally entitled necessarily reduce representation east example sound political reasons surely justify limiting legislative chambers workable numbers tennessee house set senate might deemed desirable therefore set ceiling representation single county deprive others individual representation proportional discrepancies among four counties large urban centers may attributable conscious policy limiting representation manner example moore county surrounded four counties sufficient voting population exceed average voting population per county standard prescribed tennessee constitution assignment direct representative thus qualifying direct representatives consequently moore county must assigned representative despite small voting population joined neighbors multicounty district tennessee constitution prohibits combining nonadjacent counties see note supra