arizona state legislature arizona independent redistricting commission et argued march decided june arizona constitution electorate shares lawmaking authority equal footing arizona legislature voters may adopt laws constitutional amendments ballot initiative may approve disapprove referendum measures passed legislature ariz art iv pt law may enacted legislature may enacted people initiative art xxii arizona voters adopted proposition initiative aimed problem gerrymandering proposition amended arizona constitution removing redistricting authority arizona legislature vesting independent commission arizona independent redistricting commission airc census census airc adopted redistricting maps congressional well state legislative districts arizona legislature challenged map commission adopted congressional districts arguing airc map violated elections clause constitution provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations legislature means state representative assembly arizona legislature contended clause precludes resort independent commission created initiative accomplish redistricting district held arizona legislature standing sue rejected complaint merits held arizona legislature standing bring suit claiming proposition stripped alleged constitutional prerogative engage redistricting injury remedied order enjoining proposition enforcement legislature shown injury particularized imminent arizonans official english arizona fairly traceable challenged action redressable favorable ruling clapper amnesty usa specifically proposition together arizona constitution ban efforts arizona legislature undermine purposes initiative completely nullif vote legislature future purporting adopt redistricting plan raines byrd pp elections clause permit arizona use commission adopt congressional districts pp redistricting legislative function performed accordance state prescriptions lawmaking may include referendum ohio ex rel davis hildebrant governor veto smiley holm exercise initiative issue prior decisions constitutional barrier state empowerment people embracing form lawmaking pp title provides ntil state redistricted manner provided law thereof apportionment must follow federally prescribed redistricting procedures permits redistricting accord arizona initiative apportionment acts required state follow federal procedures unless state legislature drew district lines congress recognizing supplemented representative legislature mode lawmaking direct lawmaking role people replaced reference redistricting state legislature reference redistricting state manner provided laws thereof stat act legislative history leaves doubt hildebrant change made safeguard state full authority employ creation congressional districts laws regulations cong rec include initiative included congress used virtually identical language enacting provision also accords full respect redistricting procedures adopted thus long state redistricted manner provided law thereof arizona utilizing independent commission procedure constitution resulting redistricting plan becomes presumptively governing map though four five default redistricting procedures operative state redistricted manner provided state law become obsolete result decisions embracing principle infirmity bear question whether state redistricted manner provided state law pp elections clause permits people arizona provide redistricting independent commission history purpose clause weigh heavily precluding people arizona creating commission operating independently state legislature establish congressional districts preclusion also run constitution animating principle people originating source powers government pp dominant purpose elections clause historical record bears empower congress override state election rules restrict way enact legislation see inter tribal council ratification arguments support congressional oversight focused potential abuses state politicians legislative processes exercise initiating role regulating congressional elections occasioned debate pp suggestion election clause specifying legislature thereof required assignment congressional redistricting authority state representative body characteristic federal system retain autonomy establish governmental processes free incursion federal government see alden maine structure government character exercise government authority state defines sovereign gregory ashcroft arizona engaged definition kind people placed initiative power airc redistricting authority portion arizona constitution delineating state legislative authority ariz art iv elections clause read single federal elections one area may use citizen initiatives alternative legislative process reading clause permit use initiative control state local elections federal elections deprive several convenience elections governments national government held times places manner federalist hamilton pp framers may imagined modern initiative process people legislative power coextensive state legislature authority invention initiative full harmony constitution conception people font governmental power thus perverse interpret legislature elections clause exclude lawmaking people particularly lawmaking intended advance prospect members congress fact chosen people several art pp banning lawmaking initiative direct state method apportioning congressional districts stymie attempts curb gerrymandering also cast doubt numerous time place manner regulations governing federal elections adopted initiative method well endanger election provisions state constitutions adopted conventions ratified voters ballot box without involvement approval legislature pp supp affirmed ginsburg delivered opinion kennedy breyer sotomayor kagan joined roberts filed dissenting opinion scalia thomas alito joined scalia filed dissenting opinion thomas joined thomas filed dissenting opinion scalia joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press arizona state legislature appellant arizona independent redistricting commission et al appeal district district arizona june justice ginsburg delivered opinion case concerns endeavor arizona voters address problem partisan gerrymandering drawing legislative district lines subordinate adherents one political party entrench rival party artisan gerrymanders recognized incompatible democratic principles vieth jubelirer plurality opinion kennedy concurring judgment even vieth grant relief plaintiffs partisan gerrymander claim plurality held matter nonjusticiable justice kennedy found standard workable case left open possibility suitable standard might identified later litigation arizona voters adopted initiative proposition aimed ending practice gerrymandering improving voter candidate participation elections app proposition amended arizona constitution remove redistricting authority arizona legislature vest authority independent commission arizona independent redistricting commission airc commission census census airc adopted redistricting maps congressional well state legislative districts arizona legislature challenged map commission adopted january congressional districts recognizing voters control redistricting state legislators brief appellant tr oral arg arizona legislature sued airc federal seeking declaration commission map congressional districts violated elections clause constitution clause critical resolution case provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations art cl arizona legislature complaint alleged word elections clause means specifically representative body makes laws people app read legislature urges clause precludes resort independent commission created initiative accomplish redistricting airc responded elections clause purposes legislature confined elected representatives rather term encompasses legislative authority conferred state constitution including initiatives adopted people district held unanimously arizona legislature standing sue dividing two one rejected legislature complaint merits postponed jurisdiction instructed parties address two questions arizona legislature standing bring suit elections clause constitution permit arizona use commission adopt congressional districts affirm district judgment hold first arizona legislature lost authority draw congressional districts standing contest constitutionality proposition next hold lawmaking power arizona includes initiative process elections clause permit use airc congressional districting way commission used districting arizona legislature direct lawmaking people virtually unknown constitution drafted donovan bowler overview direct democracy american citizens legislators bowler donovan tolbert eds obvious precursors analogues direct lawmaking operative today several notably new england town hall meetings submission early state constitutions people ratification see lowell referendum initiative referendum recall munro ed hereinafter irr dodd revision amendment state constitutions turn century part progressive agenda era direct lawmaking electorate gained foothold largely western see generally persily peculiar geography direct democracy initiative referendum recall developed american west mich rev two main agencies direct legislation initiative referendum munro introductory irr initiative operates entirely outside representative assemblies allows voters petition propose statutes constitutional amendments adopted rejected voters polls magleby direct legislation initiative allows electorate adopt positive legislation referendum serves negative check allows voters petition refer legislative action voters approval disapproval polls ibid initiative thus corrects sins omission representative bodies referendum corrects sins commission johnson direct legislation ally representative government irr south dakota took pathmarking step affirming constitution people power directly control making ordinary laws initiative referendum introductory oregon became first state adopt initiative means enact ordinary laws also amend state constitution dinan american state constitutional tradition people reserved power initiate ordinary lawmaking power initiate amendments state constitution numbers increased respectively close century delegates arizona constitutional convention direct lawmaking principal issu leshy arizona state constitution ed hereinafter leshy margin three one people arizona ratified state constitution included among lawmaking means initiative referendum provisions runup arizona admission union provisions generated controversy particular arizona constitution establishes electorate arizona coordinate source legislation equal footing representative legislative body queen creek land cattle yavapai cty bd supervisors cave creek unified school dist ducey legislature electorate share lawmaking power arizona system government internal quotation marks omitted initiative housed article arizona constitution concerning legislative department section defining state legislative authority reserves people power propose laws amendments constitution art iv pt arizona constitution ny law may enacted legislature constitution may enacted people initiative art xxii accordingly eneral references power arizona constitution include people right specified article iv part bypass elected representatives make laws directly initiative leshy xxii proposition vesting redistricting authority airc adopted citizen initiative background recurring redistricting turmoil arizona cain redistricting commissions better political buffer yale redistricting plans adopted arizona legislature sparked controversy every redistricting cycle since several plans rejected federal refused preclearance department justice voting rights act see aimed ending practice gerrymandering improving voter candidate participation elections app proposition amended arizona constitution remove congressional redistricting authority state legislature lodging authority instead new entity airc ariz art iv pt airc convenes census establishes final district boundaries certifies new districts arizona secretary state legislature may submit nonbinding recommendations airc required make necessary appropriations operation highest ranking officer minority leader chamber legislature select one member airc list compiled arizona commission appellate appointments four appointed members airc choose list fifth member chairs commission commission tenure confined one redistricting cycle member time office expire upon appointment first member next redistricting commission holders candidates public office may serve airc except candidates members school board two members commission may members political party presiding fifth member registered party already represented commission subject concurrence arizona senate airc members may removed arizona governor gross misconduct substantial neglect duty inability discharge duties office several means curtail partisan gerrymandering also provided participation commissions redistricting common arizona given nonpartisan bipartisan commissions binding authority california redistricting commission established popular initiative develops redistricting plans become effective approved public still given commissions auxiliary role advising legislatures serving backup event state representative body fails complete studies report nonpartisan bipartisan commissions generally draw maps timely fashion create districts competitive likely survive legal challenge see miller grofman redistricting commissions western irvine rev january airc approved final congressional state legislative maps based census see arizona independent redistricting final maps http internet materials visited june included clerk case file less four months later june arizona legislature filed suit district district arizona naming defendants airc five members arizona secretary state legislature sought declaration proposition congressional maps adopted airc unconstitutional affirmative relief injunction use airc maps congressional election general election district convened pursuant unanimously denied motion airc dismiss suit lack standing arizona legislature determined demonstrated loss redistricting power constitute sufficiently concrete injury supp merits dividing two one district granted airc motion dismiss complaint failure state claim decisions majority concluded demonstrate word elections clause refers legislative process used state determined state constitution laws lawmaking power arizona plainly includes power enact laws initiative district held elections clause permits arizona establishment use commission judge rosenblatt dissented part proposition view unconstitutionally denied legislature arizona ability effect congressional redistricting process postponed jurisdiction affirm ii turn first threshold question arizona legislature standing bring suit trained whether plaintiff proper party bring particular lawsuit standing ne element constitution limitation federal judicial authority expressed article iii constitution raines byrd qualify party standing litigate arizona legislature must show first foremost injury form legally protected interest particularized imminent arizonans official english arizona quoting lujan defenders wildlife legislature injury also must fairly traceable challenged action redressable favorable ruling clapper amnesty usa slip internal quotation marks omitted arizona legislature maintains elections clause vests primary responsibility redistricting brief appellant exercise responsibility legislature urges must least opportunity engage decline engage redistricting state may involve actors redistricting process see proposition gives airc binding authority redistricting regardless legislature action inaction strips legislature alleged prerogative initiate redistricting asserted deprivation remedied order enjoining enforcement proposition although conclude arizona legislature exclusive constitutionally guarded role asserts see infra one must confus weakness merits absence article iii standing davis slip see warth seldin standing often turns nature source claim asserted way depends merits claim airc argues legislature alleged injury insufficiently concrete meet standing requirement absent specific legislative act taken effect proposition brief appellees amicus curiae urges even needed legislature injury remain speculative contends unless arizona secretary state refuses implement competing redistricting plan passed legislature brief view arizona legislature suit premature alleged injury conjectural hypothetical establish standing defenders wildlife internal quotation marks omitted two prescriptions arizona constitution render legislature passage competing plan submission plan secretary state unavailing indeed actions directly immediately conflict regime arizona constitution establishes cf sporhase nebraska ex rel douglas failure apply permit granted existing law deprive plaintiffs standing challenge permitting regime first arizona constitution instructs legislature shall power adopt measure supersedes initiative whole part unless superseding measure furthers purposes initiative art iv pt redistricting map passed legislature effort supersede airc map surely furthe purposes proposition second airc certifies redistricting plan secretary state arizona constitution requires secretary implement plan see art iv pt arizona minority coalition fair redistricting arizona independent redistricting app per curiam commission certifies maps secretary state must use conducting next establish standing legislature need violate arizona constitution show secretary state similarly disregard state fundamental instrument government raines byrd aid airc argument standing raines held six individual members congress lacked standing challenge line item veto act holding specifically individual members congress lack article iii standing act gave president authority cancel certain spending tax benefit measures signing law allegedly diluted efficacy congressmembers votes institutional injury issue reasoned scarcely zeroed individual member idely dispersed alleged injury necessarily impacted members congress houses equally none plaintiffs therefore tenably claim personal stake suit concluding individual members lacked standing attach ed importance fact raines plaintiffs authorized represent respective houses congress ndeed observed houses actively oppose suit ibid failed prevail houses suitors repair judiciary complain arizona legislature contrast institutional plaintiff asserting institutional injury commenced action authorizing votes chambers app different circumstanc sub judice closer mark decision coleman miller plaintiffs kansas state senators whose votes sufficient defeat resolution ratifying proposed federal constitutional amendment held standing challenge impermissible article federal constitution state lieutenant governor vote amendment ibid coleman later explained raines stood proposition legislators whose votes sufficient defeat enact specific legislative act standing sue legislative action goes effect go effect ground votes completely nullified conclusion arizona legislature standing fits bill proposition together arizona constitution ban efforts undermine purposes initiative see supra completely nullif vote legislature future purporting adopt redistricting plan raines dispute short resolved concrete factual context conducive realistic appreciation consequences judicial action valley forge christian college americans separation church state accordingly proceed iii merits instructed parties address question elections clause constitution permit arizona use commission adopt congressional districts elections clause set start opinion supra section provides state redistricted manner provided law thereof apportionment representatives state entitled apportionment shall elected following manner setting five federally prescribed redistricting procedures focusing directly statute constitutional prescriptions point summarize precedent relating appropriate state decisionmakers redistricting purposes three decisions compose relevant case law ohio ex rel davis hildebrant hawke smith smiley holm davis hildebrant involved amendment constitution ohio vesting people right exercisable referendum approve disapprove popular vote law enacted state legislature act redistricting state purpose congressional elections submitted popular vote resulting disapproval legislature measure state election officials asked state declare referendum void rejected request holding referendum authorized ohio constitution part legislative power state nothing federal statutory law elections clause operated contrary affirmed ohio judgment upholding state decision recognized referendum part legislative power ohio legitimately exercised people disapprove legislation creating congressional districts redistricting purposes hildebrant thus established legislature mean representative body alone rather word encompassed veto power lodged people see elections clause bar treating referendum part legislative power purpose apportionment ordained state constitutions laws hawke smith involved eighteenth amendment federal constitution ohio legislature ratified amendment referendum ratification issue reversing ohio decision upholding referendum held ratification state constitutional amendment act legislation within proper sense word instead article governing ratification lodged legislatures several sole authority assent proposed amendment contrasted ratifying function exercisable exclusively state legislature ordinary business legislation davis hildebrant explained involved enactment legislation redistricting plan properly held referendum part legislative authority state purpose smiley holm raised question whether legislation purporting redistrict minnesota congressional elections subject governor veto minnesota held elections clause placed redistricting authority exclusively hands state legislature leaving role governor reversed determination held purpose hand minnesota legislative authority includes two houses legislature includes addition role governor holding governor veto counted distinguished instances constitution calls upon state legislatures exercise function lawmaking state legislatures pointed performed electoral function choice senators article section prior adoption seventeenth amendment ratifying function proposed amendments constitution article explained hawke smith consenting function relation acquisition lands article section paragraph contrast functions observed redistricting involves lawmaking essential features important aspect lawmaking noted ordinarily must accordance method state prescribed legislative enactments minnesota state constitution made governor part legislative process elections clause explained respected state choice include governor process although governor play part constitution assigned legislature ratifying electoral consenting function nothing elections clause said attempt ed endow legislature state power enact laws manner constitution state ha provided laws shall enacted chief justice dissent features indeed trumpets repeatedly amendment regime senators chosen state legislature thereof art see post right asks popular election proponents resort amending process instead simply interpreting legislature mean people post smiley indicated answers question article gave state legislatures function different lawgiver made electoral body charged perform function exclusion participants ibid ratifying function explained hawke power legislate enactment laws state derived people state ratification however source federal constitution act legislation within proper sense word constantly resisted chief justice well understood opinions speak meaning word used several times federal constitution differs according connection employed depend ent upon character function body instance called upon exercise atlantic cleaners dyers citing smiley thus legislature comprises referendum governor veto context regulating congressional elections hildebrant see supra smiley see supra context ratifying constitutional amendments contrast legislature different identity one excludes referendum governor veto hawke see supra sum precedent teaches redistricting legislative function performed accordance state prescriptions lawmaking may include referendum governor veto exercise initiative acknowledge issue prior decisions developed see constitutional barrier state empowerment people embracing form lawmaking take next statute asked parties address measure modeled reapportionment act congress passed act act ch stat section hold permits use commission adopt arizona congressional districts see supra decennial congressional apportionment acts provided state required follow federally prescribed procedures redistricting unless legislature state drew district lines act july ch stat act ch stat drafting act congress focused fact several supplemented representative legislature mode lawmaking direct lawmaking role people processes initiative positive legislation electorate referendum approval disapproval legislation electorate cong rec statement burton see supra accommodate development act eliminated statutory reference redistricting state legislature instead directed state apportionment representatives increased state use act default procedures redistricting state shall redistricted manner provided laws thereof ch stat emphasis added members congress questioned whether language change needed view existing apportionment legislation referring redistricting state legislature suffic ed allow whatever law state may people state control redistricting cong rec statement shively cf shiel thayer bartlett contested election cases misc doc view house committee elections member dawes art reference legislature meant simply constituted authorities state choose speak prime among state constitution rises legislative action others anticipated retaining reference legislature condem redistricting legislation referendum initiative cong rec statement burton event proponents change maintained view serious evils arising gerrymanders congress take chances matter ue respect rights established methods laws respective urged required congress allow establish congressional districts whatever way may provided constitution statutes see statement works observed hildebrant legislative history th act leaves room doubt prior words stricken new words inserted change made safeguard state full authority employ creation congressional districts laws regulations cong rec statement burton act short left question redistricting laws methods include initiative included act applied reapportionment following census see wood broom congress used virtually identical language enacted see act ch stat section sets forth procedures operative state apportionment redistricted manner provided law thereof provision like act thus accorded full respect redistricting procedures adopted long state redistricted manner provided law thereof arizona utilizing independent commission procedure called constitution resulting redistricting plan becomes presumptively governing arizona legislature characterizes obscure provision narrowed subsequent developments brink irrelevance brief appellant true four five default redistricting procedures operative state redistricted manner provided state law become postenactment decisions virtually situations plainly unconstitutional branch smith plurality opinion concretely default procedures specified contemplate state continue use districts following new census principle announced wesberry sanders however bar procedures except unlikely event decennial census makes districting change constitutionally necessary branch plurality opinion constitutional infirmity default procedures however bear question whether state redistricted manner provided state law observed congress expressly directed state redistricted manner provided state law whether legislature decree see commission established people exercise initiative resulting districts ones presumptively used elect dispute congress may draw state boundaries see vieth plurality opinion stating elections clause permit congress districts federal elections arizona legislature urges first part elections clause vesting power regulate congressional elections state legislature precludes congress allowing state redistrict without involvement representative body even congress independently enact redistricting plan plenary authority make alter state plan see brief appellant reply brief words arizona legislature regards futile exercise congresses passed forerunner act share wooden interpretation clause uncertainty import however resolved holding elections clause permits regulation congressional elections initiative see infra leaving arguable conflict first part clause accord district see supra hold elections clause permits people arizona provide redistricting independent commission restate key question case issue centrally debated parties absent congressional authorization elections clause preclude people arizona creating commission operating independently state legislature establish congressional districts history purpose clause weigh heavily preclusion animating principle constitution people originating source powers government note preliminarily dictionaries even circulation founding era capaciously define word legislature samuel johnson defined legislature simply power makes laws dictionary english language ed ibid ed ibid ed ibid ed thomas sheridan dictionary defined legislature exactly johnson power makes laws complete dictionary english language ed noah webster defined term precisely way well compendious dictionary english language nathan bailey similarly defined legislature authority making laws power makes universal etymological english dictionary ed power makes laws arizona initiatives adopted voters legislate state measures passed representative body see ariz art iv pt legislative authority state shall vested legislature consisting senate house representatives people reserve power propose laws amendments constitution enact reject laws amendments polls independently see also eastlake forest city enterprises establishing legislative bodies people reserve power deal directly matters might otherwise assigned well arizona people may delegate legislative authority redistricting independent commission representative body may choose see tr oral arg answering question may arizona legislature establish commission attend redistricting counsel appellant responded yes state legislatures may delegate authority commission subject prerogative reclaim authority dominant purpose elections clause historical record bears empower congress override state election rules restrict way enact legislation explained arizona inter tribal council clause framers insurance possibility state refuse provide election representatives federal congress slip citing federalist pp rossiter ed hamilton clause also intended act safeguard manipulation electoral rules politicians factions entrench place interests electorate madison urged without elections clause henever state legislatures favorite measure carry take care mould regulations favor candidates wished succeed records federal convention farrand rev madison spoke response motion south carolina delegates strike federal power delegates moved south carolina coastal elite malapportioned legislature wanted retain ability see rakove original meanings politics ideas making constitution problem madison identified hardly lessened time conflict interest inherent legislators dra district lines ultimately run cain yale arguments support congressional control elections clause reiterated public debate ratification theophilus parsons delegate massachusetts ratifying convention warned faction party spirit run high legislature might take actions like mak ing unequal partial division districts election representatives debate massachusetts ratifying convention founders constitution kurland lerner eds timothy pickering massachusetts similarly urged clause necessary state governments may abuse power regulate elections manner highly inconvenient people letter charles tillinghast described clause way ensure people rights election ibid attention focused potential abuses politicians consequent need congressional oversight legislative processes exercise initiating role regulating congressional elections occasioned debate hardly surprising recall constitution composed philadelphia later ratified people legislative prerogatives initiative referendum yet democracy arsenal see supra elections clause however reasonably read disarm adopting modes legislation place lead rein people arizona legislature maintains specifying legislature thereof elections clause renders state representative body sole component state government authorized prescribe regulations congressional redistricting brief appellant chief justice dissent agrees characteristic federal system retain autonomy establish governmental processes see alden maine state entitled order processes governance federalist madison whenever may choose substitute republican forms right structure government character exercise government authority state defines sovereign gregory ashcroft arizona engaged definition kind people placed initiative power airc redistricting authority portion arizona constitution delineating state legislative authority see ariz art iv supra long recognized role laboratories devising solutions difficult legal problems oregon ice see lopez kennedy concurring may perform role laboratories experimentation devise various solutions best solution far clear new state ice liebmann brandeis dissenting one happy incidents federal system single courageous state may citizens choose serve laboratory try novel social economic experiments without risk rest deference state lawmaking allows local policies sensitive diverse needs heterogeneous society permits experimentation enables greater citizen democratic processes makes government responsive putting competition mobile citizenry bond slip quoting gregory resist reading elections clause single federal elections one area may use citizen initiatives alternative legislative process nothing clause instructs ever held state legislature may prescribe regulations time place manner holding federal elections defiance provisions state constitution see shiel misc doc concluding oregon constitution prevailed conflicting legislative measure setting date congressional election chief justice dissent maintains elections clause state legislature trump constitutional provision regulating federal elections extracts support position baldwin trowbridge bartlett contested election cases misc doc see post michigan voters amended state constitution require votes cast within resident township ward michigan legislature however passed law permitting soldiers vote locations one candidate win state constitution requirement controlled opponent prevail michigan legislature prescription house elections committee divided vote ruled elections clause michigan legislature paramount power minority report baldwin pointed however michigan reached opposite conclusion holding courts generally state legislation direct conflict state constitution void baldwin misc doc baldwin majority ruling furthermore appears tension election committee unanimous decision shiel five years earlier committee repeat ha doubt constitution state ha fixed beyond control legislature time holding congressional election shiel misc doc finally perhaps entirely accidental candidate committee declared winner baldwin belonged political party one member house committee majority responsible decision see house representatives congress profiles congress http history house gov profiles biographical directory congress trowbridge rowland ebenezer cf cain yale identifying legislative conflict interest problem independent redistricting commissions aimed check short baldwin disposition attract reliance add furthermore arizona legislature question employment initiative control state local elections considering whether article really says similar control federal elections looked borrow alexander hamilton counsel hardly advisable establish fundamental point deprive several convenience elections governments national government held times places manner federalist elections clause sensibly read subject framers may imagined modern initiative process people state exercise legislative power coextensive authority institutional legislature invention initiative full harmony constitution conception people font governmental power madison put genius republican liberty seems demand power derived people intrusted kept dependence people people ultimate sovereignty expressed john locke near century constitution formation legislative fiduciary power act certain ends remains still people supream power remove alter legislative find legislative act contrary trust reposed power given trust attaining end limited end whenever end manifestly neglected opposed trust must necessarily forfeited power devolve hands gave may place anew shall think best safety security two treatises government laslett ed declaration independence drew locke stating governments instituted among men deriving powers consent governed fundamental instrument government derives authority people preamble stated quoting hamilton true principle republic people choose please govern powell mccormack quoting debates federal constitution elliot ed light perverse interpret term legislature elections clause exclude lawmaking people particularly lawmaking intended check legislators ability choose district lines run thereby advancing prospect members congress fact chosen people several art see cain yale chief justice dissent suggests independent commissions established initiative experiment failed post assessment chief justice cites federal district opinion harris arizona independent redistricting supp opinion asserts detail partisanship affected commission post careful reader conclude report decision harris comprises per curiam opinion opinion concurring judgment judge silver dissenting opinion judge wake per curiam opinion found favor commission supp deviations principle per curiam opinion explained length small main attributed partisanship ibid partisanship may played role per curiam opinion stated deviations predominantly result commission efforts achieve preclearance voting rights act judge silver although joined per curiam opinion made clear outset opinion finding partisanship play role concurring opinion repeated finding evidence show partisanship work instead found evidence overwhelming final map product commissioners consideration appropriate redistricting criteria describe harris decision criticizing commission pervasive partisanship post chief justice rely upon dissenting opinion expressed views majority roundly rejected independent redistricting commissions true eliminated inevitable partisan suspicions associated political cain yale succeeded great degree limiting conflict interest implicit legislative control redistricting ibid thus impede legislators choosing voters instead facilitating voters choice representatives banning lawmaking initiative direct state method apportioning congressional districts stymie attempts curb partisan gerrymandering majority legislature draws district lines party advantage also cast doubt numerous election laws adopted initiative method legislating people several functioning lawmaking body purpose hand used initiative install host regulations governing times places manner holding federal elections art example people california provided permanent voter registration specifying amendment legislature shall provide general biennial periodic reregistration voters cal elec code ann west people ohio banned ballots providing voting along party lines ohio art people oregon shortened deadline voter registration days prior election ore art ii none measures permit state legislatures override people prescriptions arizona legislature theory lead role regulating federal elections wrested legislature vested commissions initiated people endanger list endangered state elections laws sustain position arizona legislature stop popular initiatives almost state constitutions adopted conventions ratified voters ballot box without involvement approval legislature core aspects electoral process regulated state constitutions include voting ballot secret ballot voter absentee vote victory legislatures hand making laws may alter amend importance direct democracy means control election regulations extends beyond particular statutes constitutional provisions installed people rather legislatures prospect lawmaking people may influence legislature considers fails consider measures see persily anderson regulating democracy democracy use direct legislation election law reform cal rev describing cases indirect pressure initiative process sufficient spur state legislature action turning coin legislature responsiveness people members represent hardly heightened representative body confident overturned modified voters invoking elections clause arizona legislature instituted lawsuit disempower state voters serving legislative power redistricting purposes clause surely adopted diminish state authority determine lawmaking processes article stems different view parts elections clause line fundamental premise political power flows people mcculloch maryland wheat comprehended clause doubly empowers people may control state lawmaking processes first instance arizona voters done may seek congress correction regulations prescribed state legislatures people arizona turned initiative curb practice gerrymandering thereby ensure members congress habitual recollection dependence people federalist madison acting arizona voters sought restore core principle republican government namely voters choose representatives way around berman managing gerrymandering texas rev elections clause hinder endeavor reasons stated judgment district district arizona affirmed roberts dissenting arizona state legislature appellant arizona independent redistricting commission et al appeal district district arizona june chief justice roberts justice scalia justice thomas justice alito join dissenting century ago arizona became second state union ratify seventeenth amendment amendment transferred power choose senators legislature state art people thereof amendment resulted arduous campaign reformers across country worked hard garner approval congress chumps realize interpret constitutional term legislature mean people today performs magic trick elections clause art clause vests congressional redistricting authority legislature state arizona ballot initiative transferred authority legislature independent redistricting commission majority approves deliberate constitutional evasion proponents seventeenth amendment dared revising legislature mean people position basis text structure history constitution contradicts precedents congress constitution contains seventeen provisions referring legislature state many possibly read mean people see appendix infra indeed several provisions expressly distinguish legislature people see art amdt accordingly defined legislature elections clause representative body kes laws people smiley holm quoting hawke smith emphasis added majority largely ignores evidence relying instead disconnected observations direct democracy contorted interpretation irrelevant statute naked appeals public policy nowhere majority explain constitutional provision vests redistricting authority legislature permits state wholly exclude legislature redistricting arizona commission might noble endeavor although seem independent practice fact given law procedure efficient convenient useful save contrary constitution ins chadha matter concerned may partisanship redistricting power gerrymander constitution respectfully dissent majority begins discussing policy begin constitution elections clause provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators art cl elections clause imposes duty assigns duty particular state actor absence valid congressional directive contrary must draw district lines federal representatives duty shall carried state legislature thereof arizona however redistricting carried legislature instead result ballot initiative unelected body called independent redistricting commission draws lines see ante key question case whether commission conduct congressional districting consistent directive authority exercised legislature majority concedes unelected commission legislature arizona contends instead people arizona whole constitute legislature purposes elections clause may delegate congressional districting authority conferred clause commission ante majority provides support delegation part theory sure whether majority analysis correct issue even giving benefit doubt regard commission still unconstitutional constitution cases make clear legislature elections clause representative body makes laws people majority devotes much analysis establishing people arizona may exercise lawmaking power state constitution see ante nobody doubts case governed however federal constitution majority words retain autonomy establish governmental processes ante processes violate constitution conflict arizona constitution elections clause state constitution must give way art vi cl cook gralike majority opinion therefore largely misses point relevant question case define legislature elections clause majority opinion seriously turn question page even fails provide coherent answer seems conclude based largely understanding history purpose elections clause ante legislature encompasses entity state exercises legislative power circular definition lacks basis text constitution relevant legal source majority textual analysis consists entirety one paragraph citing founding era dictionaries majority points various dictionaries follow samuel johnson definition legislature power makes laws ibid internal quotation marks omitted notion definition corresponds entire population state strained begin largely discredited majority admission irect lawmaking people virtually unknown constitution drafted ante internal quotation marks omitted see ante moreover johnson first example usage legislature without concurrent consent three parts legislature law made dictionary english language ed emphasis deleted johnson borrowed sentence matthew hale defined three parts legislature england king two houses parliament history common law england contrary notion people whole make laws cost head england thus even majority preferred definition legislature referred institutional body representatives people large ambiguity meaning legislature removed founding era sources state constitution founding era used term legislature defined distinct multimember entity comprised representatives morley intratextual independent legislature elections clause nw rev online citing eleven state constitutions federalist papers replete references legislatures understood referring representative institutions federalist pp rossiter ed hamilton describing state legislatures select bodies men contrasting state legislatures people noah webster heralded american dictionary english language defines legislature body men state kingdom invested power make repeal laws american dictionary english language continues legislatures america consist two houses branches ibid emphasis deleted go said put nearly century ago legislature term uncertain meaning incorporated constitution hawke meant adopted still means purpose interpretation ibid legislature representative body kes laws people ibid see smiley relying definition colorado gen assembly salazar rehnquist dissenting denial certiorari unambiguous meaning legislature elections clause representative body confirmed provisions constitution use term way seeking discern meaning word constitution better dictionary rest constitution precedents new old employed structural method interpretation read constitution manner drafted ratified unified coherent whole see nlrb noel canning slip scalia concurring judgment slip mcculloch maryland wheat martin hunter lessee wheat amar intratextualism harv rev constitution includes seventeen provisions referring state legislature see appendix infra every one references consistent understanding legislature representative body importantly many consistent institutional legislature flatly incompatible majority reading legislature refer people whole start constitution first use term house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature art cl reference branch state legislature referring institutional body explicit juxtaposition state legislature people several forecloses majority proposed reading next section article describes fill vacancies senate vacancies happen resignation otherwise recess legislature state executive thereof may make temporary appointments next meeting legislature shall fill vacancies cl references recess legislature state next meeting legislature consistent institutional legislature make sense majority reading people whole schoolchildren unnamed others excepted take recess list goes article iv provides shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence perhaps conceivable people state convened although seem difficult invasion outbreak domestic violence natural reading clause executive may submit federal application legislature representative body convened article vi provides senators representatives mentioned members several state legislatures executive judicial officers several shall bound oath affirmation support constitution cl unless majority prepared make people every state swear oath affirmation support constitution provision refer several state legislatures institutional capacity provisions offers strong structural indications legislature must mean powerful evidence comes seventeenth amendment original constitution senators chosen legislature state art cl members house representatives chosen people art cl distinction critical framers james madison explained senate derive powers house derive powers people america federalist george mason believed power state legislatures select senators reasonable guard danger national swallow state legislatures records federal convention farrand ed everyone agreed james wilson proposed allowing people elect senators directly proposal rejected ten one debates federal convention doc long reformers took wilson mantle launched protracted campaign amend constitution effort began representative henry storrs new york proposed set aside constitutional amendment transferring power elect senators state legislatures people cong deb next century fewer joint resolutions proposing similar reforms introduced houses congress hall history effect seventeenth amendment point process anyone suggest constitutional amendment unnecessary legislature simply interpreted mean people see hawke never suggested far aware purpose making office senator elective people accomplished referendum vote necessity amendment accomplish purpose popular election shown adoption fact decades rolled without amendment settled next best thing holding popular vote candidates senate pressuring state legislators choosing winner see abstract laws relating election senators doc sess agreed cutting state legislature senatorial selection entirely require nothing less strike original words constitution insert place cong globe proposal jeremiah clemens yet precisely majority elections clause today amending text process provided article judicial decision majority revision renders seventeenth amendment waste time singles elections clause one constitution seventeen provisions referring legislature departs ordinary meaning term commission answer point see tr oral arg justice alito provision legislature means anything conventional meaning appellee know answer response much better majority observes legislature state may perform different functions different provisions constitution article example legislature performed electoral function choosing senators legislature plays consenting function article article iv ratifying function article lawmaking function elections clause ante true majority however leaps premise legislature performs different functions different provisions conclusion legislature assumes different identities different provisions matter ordinary language common sense however difference function imply difference meaning car example generally serves transportation function also fulfill storage function tailgate party movie may play entertainment function absence vacancies roadside motel provide lodging function neighbor dead battery offers electricity generation function yet person describing car engaged varied functions undoubtedly referring thing constitution confirms point articles ii assign many different functions senate lawmaking function impeachment trial function treaty ratification function appointee confirmation function officer selection function qualification judging function recordkeeping function art cls cls cl art ii cl yet identity senate remains discharges various functions similarly house representatives performs different functions including lawmaking impeachment resolving presidential elections candidate wins majority electoral college art cl cl amdt president assigned executive functions art ii also legislative functions approving vetoing bills convening houses congress recommending measures consideration art cl art ii courts exercise judicial function art iii may also perform appointment function art ii cl neither majority commission points single instance identity actors changes exercise different functions majority attempts draw support precedent cases undermine position hawke considered meaning legislatur article outlines process ratifying constitutional amendments concluded legislature meant representative body kes laws people explained term often used constitution evident meaning ibid emphasis added proceeded list constitutional provisions assign different functions legislature majority today see ante unlike majority today however hawke never hinted meaning legislature varied across different provisions assigned different functions contrary drew inferences seventeenth amendment predecessor article legislature played electoral function define legislature article assigned ratification function see concluded legislature refers representative body whatever function put question framers constitution clearly understood carefully used terms instrument referred action legislatures intended direct action people less accurate use apt phraseology carry purpose ibid citing art smiley leading precedent meaning legislature elections clause reaffirmed definition announced hawke smiley petitioner argued commission legislature referred two houses legislature entire legislative power state however exercised brief petitioner internal quotation marks omitted respond holding majority today suggests legislature comprises referendum governor veto context regulating congressional elections legislature different identity elections clause article ante instead smiley said much urged argument regard meaning term beside point said hawke term one uncertain meaning incorporated constitution meant adopted still means purposes interpretation legislature representative body made laws people quoting hawke remarkably majority refuses even acknowledge definition legislature adopted smiley hawke instead embraces interpretation unanimously rejected years history elections clause supports conclusion legislature representative body first known draft clause appear constitutional convention provided state shall prescribe time manner holding elections debates federal constitution elliot ed revision committee detail clause included important limitation issue times places manner holding elections members house shall prescribed legislature state provisions concerning may time altered legislature emphasis added insertion legislature indicates framers thought carefully entity within state perform congressional districting parallel legislature state legislature suggests meant legislature representative body majority explains debate ratification elections clause centered second part empowers congress make alter regulations prescribed legislature state see ante importantly purposes however sides debate recognized distinction state legislature people brown secretary state florida example supported vesting election regulation power solely state legislatures state legislatures numerous bodies usually elected annually thus likely sympathy interests people natelson original scope congressional power regulate elections const emphasis added citing sources ratification debates alexander hamilton others responded raising specter state legislatures described local administrations deciding annihilate federal government neglecting provide choice persons administer affairs federalist majority acknowledges distinction legislature people occasioned debate ante everybody understood legislature meant majority contends counterintuitive reading legislature necessary advance animating principle popular sovereignty ante ratification constitution ultimate act popular sovereignty people ratified elections clause knowing assigned authority legislature representative body elections clause majority suggests safeguard manipulation electoral rules politicians ante like provisions constitution elections clause reflected compromise pragmatic recognition grand project forging union required everyone accept things like see federalist describing power allocated state legislatures evil avoided power upset compromise simply think struck differently explained almost century ago framers constitution might adopted different method function courts alter method constitution fixed hawke addition text structure history several precedents interpreting elections clause reinforce legislature refers representative body first precedent comes congress acting authority serve judge elections returns qualifications members art cl house representatives confronted dispute seated congressman fifth district michigan popular convention michigan voters amended state constitution require votes cast within resident township ward michigan legislature however passed law permitting soldiers vote alternative locations local votes counted one candidate baldwin win outside votes included candidate trowbridge entitled seat see baldwin trowbridge bartlett contested election cases misc doc house elections committee explained elections clause conferred power legislature michigan prescribe election regulations committee asked meant legislature mean legislative power state include convention authorized prescribe fundamental law mean legislature eo nomine known political history country committee decided full house agreed legislature elections clause legislature eo nomine legislature name representative body ibid conclusion followed known meaning legislature time framing many uses word constitution compatible popular convention thus conflict authority constitution legislature state regard fixing place elections power legislature paramount see california democratic party jones stevens dissenting relying baldwin conclusion elections clause specific reference legislature broad encompass general power majority draws attention minority report baldwin ante present circumstances take comfort willingness consider dissenting views still minority report diminish force baldwin report cites michigan precedent allegedly reached contrary result case turned entirely state constitutional questions arising state election federal constitutional questions arising federal election see people ex rel twitchell blodgett majority also contends baldwin appears tension earlier house elections committee precedent ante terms however earlier precedent involve conflict state legislative act state constitutional provision see shiel thayer bartlett contested election cases misc doc two branches legislature differed upon question bill never became law event degree two precedents inconsistent later decision baldwin next relevant precedent decision mcpherson blacker case involved constitutional provision considerable similarity elections clause presidential electors clause article ii state shall appoint manner legislature thereof may direct number electors cl emphasis added question whether state legislature body representatives divide authority appoint electors across state congressional districts upheld law emphasized plain text presidential electors clause vests power determine manner appointment legislature state power explained neither taken away abdicated emphasis added internal quotation marks omitted backdrop decided two cases regarding meaning legislature elections clause ohio ex rel davis hildebrant ohio legislature passed congressional redistricting law ohio constitution voters held referendum law rejected supporter law sued behalf state contending referendum part legislative authority state therefore influence law creating congressional districts elections clause rejected challenger constitutional argument nonjusticiable claim referendum causes state republican violation guarantee clause constitution citing art iv also rejected argument ohio use referendum violated federal statute held congress power pass statute elections clause hildebrant way suggested state legislature displaced redistricting process hildebrant certainly hold majority today contends word elections clause encompassed veto power lodged people ante hildebrant simply approved state decision employ referendum addition redistricting legislature see result decision send ohio legislature back drawing board redistricting smiley minnesota legislature passed law adopting new congressional districts governor exercised veto power state constitution noted minnesota secretary state defended veto ground legislature elections clause referred two houses legislature entire legislative power state however exercised rejected argument reiterating term legislature meant representative body made laws people quoting hawke nevertheless went hold elections clause prevent state applying usual rules legislative process including gubernatorial veto election regulations prescribed legislature hildebrant legislature displaced redefined start new redistricting plan majority initially describes hildebrant smiley holding redistricting legislative function performed accordance state prescriptions lawmaking may include referendum governor veto ante description true far goes hardly supports result majority reaches critical difference allowing state supplement legislature role legislative process permitting state supplant legislature altogether see salazar rehnquist dissenting denial certiorari consistent article must limit state ability define lawmaking excluding legislature nothing hildebrant smiley precedent supports majority conclusion imposing constraints legislature justifies deposing entirely constitutional text structure history precedent establish straightforward rule elections clause legislature representative body prescribes election regulations may required within ordinary lawmaking process may cut process put simply state legislature need exclusive congressional districting neither may excluded majority contrary understanding requires accept definition legislature contradicts term plain meaning creates discord seventeenth amendment constitution many uses term makes nonsense drafting ratification elections clause breaks relevant precedents short effect majority decision erase words legislature thereof elections clause judicial error basic order presumed clause constitution intended without effect therefore construction inadmissible marbury madison cranch ii also issues alternative holding federal statute permits arizona vest redistricting authority commission ante majority contend statutory holding resolves constitutional question presented see ante reading section largely beside point respect statutory argument also hard take seriously section apply case even likely section establishes number default rules govern manner electing representatives ntil state redistricted manner provided law thereof section therefore inapplicable unless state legislature state federal courts failed redistrict state branch smith plurality opinion see concurring part dissenting part commission redistricted state manner provided law thereof terms section come play case majority spends several pages discussing section conspicuously declines say statute actually applies majority notes versions section applied legislature redistricted state versions applied state redistricted manner provided law thereof majority also describes detail legislative history accompanied amendment section apply legislative history doubly irrelevant majority seems suggest section somehow indicates federal approval district lines commission drawn see ante statute nothing sort section explains rules apply ntil state redistricted says nothing rules apply state redistricted certainly say state redistricting plan alchemy become federal law legislative drafter remotely familiar english language say state follow default rules ntil redistricted manner provided law thereof meant redistricting plan state adopts shall become federal law drafter something significant transforming state law federal law presumably taken care make dramatic step unmistakably clear gregory ashcroft internal quotation marks omitted tellingly recent case meaning section seems even considered majority position see branch indeed majority even seem persuaded argument majority quickly cautions discussing section state required comply federal constitution voting rights act federal laws draws implements district map ante majority therefore concludes nothing affects challenge state district map ground violates one federal requirements ibid arizona legislature challenged state district map ground violates one federal requirements elections clause take majority word nothing section affect challenge majority reading section implausible matter statutory interpretation also likely violate constitution multiple ways first majority reading section statute approving lines drawn commission seemingly authorize congress alter elections clause first part elections clause gives state legislatures power prescribe regulations regarding times places manner elections second part clause gives congress power make alter regulations difference making altering election regulations prescribed state legislature authorizing entity state legislature prescribe election regulations essence majority proposed reading permits congress use second part elections clause nullify first yet expressly held congress ha power alter article section elections clause smiley see also clinton city new york congress may circumvent article constraints lawmaking power chadha second majority interpretation section create serious delegation problem general matter congress may pass statutes delegate discretion administer laws principle however congress may delegate authority one actor constitution vests authority another actor see whitman american trucking majority reading section contradicts rule allowing congress delegate federal redistricting authority state entity one elections clause vests authority legislature third majority interpretation conflicts recent elections clause precedent arizona inter tribal council explained congress legislates elections clause necessarily displaces element legal regime erected slip power elections clause confers congress none power slip put differently action elections clause displaces element state regulatory regime text clause confers power exactly slip majority interpretation section however congress done opposite preempting displacing state law adopted state law normally serious doubt constitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson multiple serious constitutional doubts raised majority interpretation section addition sheer weakness reading textual matter provide enough reason reject majority construction section apply case iii justice jackson wrote constitution speaks majestic generalities west virginia bd ed barnette many places cases expounding freedom speech unreasonable searches seizures amdts yet constitution also speaks places elegant specificity member house representatives must years old art cl every state gets two senators art cl times places manner holding elections federal representatives shall prescribed state legislature thereof art cl reasons explained real doubt legislature means framers constitution practical men dealing facts political life understood putting form government creating prescribing language clear intelligible powers government take south carolina give effect words used majority today shows greater concern redistricting practices meaning constitution recognize difficulties arise trying fashion judicial relief partisan gerrymandering see vieth jubelirer ante inability find manageable standard area excuse abandon standard meaningful interpretation area stressed repeatedly law virtues policy innovation redeem inconsistency constitution failure political justify unconstitutional remedies clinton kennedy concurring see stern marshall free enterprise fund public company accounting oversight bowsher synar chadha myers indeed enforced text constitution invalidate state laws policy objectives reminiscent one two precedents held use constitutions impose term limits federal representatives violation constitution cook term limits thornton people enacted reforms surely viewed measures place lead rein people hands ante yet refused accept framers spent significant time energy debating crafting clauses easily evaded term limits majority approves evasion constitution also overstates effects enforcing plain meaning constitution case dispute arizona may continue use commission draw lines state legislative elections representatives chosen elections responsible congressional redistricting members state legislature work commission continue influence arizona federal representation moreover reading elections clause require involvement legislature affect redistricting commissions majority notes many commissions play auxiliary role congressional redistricting ante nn unlike arizona legislature retains primary authority congressional redistricting see brief national conference state legislatures amicus curiae majority also points scattered array laws constitutional provisions enacted via popular lawmaking claims endangered interpreting elections clause mean says ante reviewing constitutionality farflung provisions well outside scope case suffice say none purports arizona constitution set unelected unaccountable institution permanently totally displaces legislature redistricting process wolf comes wolf morrison olson scalia dissenting absent majority portrayal high motives inspired arizona commission discussion actually functioned facts described recent opinion district detail partisanship affected commission issues ranging staffing decisions drawing district lines see harris arizona independent redistricting supp per curiam opinion explained partisanship played role design map commissioners motivated part linedrawing decisions desire improve democratic prospects affected districts commission retained mapping consultant worked democratic independent nonpartisan campaigns republican campaigns hiring mapping consultant provoked sufficient controversy governor arizona supported arizona senate attempted remove chairwoman commission substantial neglect duty gross misconduct office see arizona independent redistricting brewer explaining removal concluding governor exceeded authority arizona constitution judge silver separate opinion noted structure arizona reformed redistricting process reflects partisanship still plays prominent role supp judge wake separate opinion described commission systematic overpopulation republican plurality districts underpopulation democratic plurality districts partisan malapportionment words commission currency democracy everyone equal vote giving shavings one party valid reason district concluded margin partisanship rise level constitutional violation case pending appeal take position merits question finding partisanship redistricting plan violate constitution hardly proves commission operating free partisan influence certainly complies elections clause people arizona concerns process congressional redistricting state better worse elections clause constitution allow address concerns displacing legislature allow seek relief congress make alter regulations prescribed legislature constitution gives another means change follow lead reformers passage seventeenth amendment indeed several constitutional amendments past century involved modifications electoral process amdts unfortunately today decision discourage democratic method change go hassle writing new provision constitution much easier write old one respectfully dissent appendix legislature constitution art cl house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature art cl senate shall composed two senators state chosen legislature thereof six years senator shall one vote modified amdt art cl immediately shall assembled consequence first election shall divided equally may three classes seats senators first class shall vacated expiration second year second class expiration fourth year third class expiration sixth year one third may chosen every second year vacancies happen resignation otherwise recess legislature state executive thereof may make temporary appointments next meeting legislature shall fill vacancies modified amdt art cl times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators art cl exercise exclusive legislation cases whatsoever district exceeding ten miles square may cession particular acceptance congress become seat government exercise like authority places purchased consent legislature state shall erection forts magazines arsenals needful buildings art ii cl state shall appoint manner legislature thereof may direct number electors equal whole number senators representatives state may entitled congress senator representative person holding office trust profit shall appointed elector art iv cl new may admitted congress union new state shall formed erected within jurisdiction state state formed junction two parts without consent legislatures concerned well congress art iv shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence art congress whenever two thirds houses shall deem necessary shall propose amendments constitution application legislatures two thirds several shall call convention proposing amendments either case shall valid intents purposes part constitution ratified legislatures three fourths several conventions three fourths thereof one mode ratification may proposed congress provided amendment may made prior year one thousand eight hundred eight shall manner affect first fourth clauses ninth section first article state without consent shall deprived equal suffrage senate art vi cl senators representatives mentioned members several state legislatures executive judicial officers several shall bound oath affirmation support constitution religious test shall ever required qualification office public trust amdt representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed right vote election choice electors president vice president representatives congress executive judicial officers state members legislature thereof denied male inhabitants state years age citizens way abridged except participation rebellion crime basis representation therein shall reduced proportion number male citizens shall bear whole number male citizens years age state modified amdts amdt person shall senator representative congress elector president vice president hold office civil military state previously taken oath member congress officer member state legislature executive judicial officer state support constitution shall engaged insurrection rebellion given aid comfort enemies thereof congress may vote house remove disability amdt cl senate shall composed two senators state elected people thereof six years senator shall one vote electors state shall qualifications requisite electors numerous branch state legislatures amdt cl vacancies happen representation state senate executive authority state shall issue writs election fill vacancies provided legislature state may empower executive thereof make temporary appointments people fill vacancies election legislature may direct amdt article shall inoperative unless shall ratified amendment constitution legislatures several provided constitution within seven years date submission hereof congress superseded amdt amdt article shall inoperative unless shall ratified amendment constitution legislatures several within seven years date submission amdt article shall inoperative unless shall ratified amendment constitution legislatures several within seven years date submission congress scalia dissenting arizona state legislature appellant arizona independent redistricting commission et al appeal district district arizona june justice scalia justice thomas joins dissenting believe question answers properly us disputes governmental branches departments regarding allocation political power view constitute cases controversies committed resolution art iii constitution framed ratified constitution mind entrusted judicial power separate coequal branch federal government judicial power familiar traditionally exercised english american courts cases controversies courts entertained include suits units government regarding legitimate powers job courts chief justice marshall words solely decide rights individuals marbury madison cranch tocqueville considered one reason new democracy safely confer upon courts immense power hold legislation unconstitutional leaving private interest censure law intimately uniting trial law trial individual legislation protected wanton assaults daily aggressions party spirit inclined believe practice american courts favorable liberty public order judge attack legislator openly directly sometimes afraid oppose times party spirit might encourage brave every turn american judge brought political arena independently judges law obliged judge case political question called upon resolve connected interests parties refuse decide without denial justice de tocqueville democracy america bradley ed doctrine standing jurisdictional limitation upon powers purpose majority assumes merely assure decide disputes concrete factual contexts enable realistic appreciation consequences judicial action ante contrary law art iii standing built single basic idea idea separation powers allen wright keeps us minding business consult history judicial tradition determine whether given appropriately resolved judicial process lujan defenders wildlife internal quotation marks omitted history judicial tradition show courts resolve direct disputes two political branches government regarding respective powers nearly every case presents questions like ones case never passed question raised directly governmental subunit complaint always resolved questions context private lawsuit claim defense depends constitutional validity action one governmental subunits caused private party concrete harm example took years rule upon constitutionality tenure office act passed law standing otherwise presumably president wilson presidents grant cleveland standing challenged law preventing removal presidential appointee without consent congress raines byrd look far back reports find cases arizona legislature theory standing correct took awfully circuitous route get zivotofsky kerry ante president sued injunction congress attempted direct usurpation authority pronounce foreign relations wellness network sharif federal district judge sought declaratory judgment bankruptcy adjudicating stern claim improperly usurped constitutionally conferred authority decide cases controversies nlrb noel canning senate sued president claiming direct usurpation prerogative advise consent presidential appointments cases involved allocation power one branches government surely dismissed suits arising hypothesized fashions affirmatively rejected arguments jurisdiction cases like one example raines refused allow members congress challenge line item veto act claimed expand ed president ed constitutional balance powers legislative executive branches massachusetts mellon refused allow state pursue claim conditional congressional appropriation constitute effective means inducing yield portion sovereign rights mellon involved contention one government infringed upon another government power far closer traditional lawsuit intragovernmental dispute put plainly last analysis complaint plaintiff state brought naked contention congress usurped reserved powers several state show discrete harm except alleged usurpation powers refused allow state appeal sole precedent relies upon coleman miller coleman distinguished present case readily distinguished raines raines distinction senators coleman votes nullified whereas members congress claimed votes merely rendered ineffective presidential veto raines supra present case make distinction coleman individual legislators found standing whereas governmental body arizona legislature seeks bring suit reality supposed holding coleman stands like sore thumb rest jurisprudence denies standing intragovernmental disputes coleman peculiar case may well stand nothing opinion discussing finding standing going affirm kansas written chief justice hughes announced justice stone justice frankfurter joined three justices held standing dismissed petition leaving judgment kansas place justice butler joined justice mcreynolds dissented neither joining hughes opinion separately discussing standing reversed kansas adds two votes affirm merits two reverse merits without discussing standing four dismiss lack standing justice stanley reed apparently participated case mentioned opinions recorded reports order find coleman binding precedent standing rather standoff one must assume justice reed voted hughes reason make assumption four justices rejecting standing went discuss merits ruling announced removes case question petitioners standing sue black concurring nine justices participated one two issues case equally divided therefore expresse opinion pretty shaky foundation significant precedential ruling besides two dissenters mere assumption standing neither saying anything subject joining hughes opinion point produces assume reed joined hughes majority standing majority opinion explaining even generous assumptions since judgment issue resolved rested ground issue presented political question rejection jurisdiction zivotofsky clinton slip coleman discussion additional jurisdictional issue standing quite superfluous arguably nothing dictum peculiar decision coleman charitably ignored asserts quoting raines standing analysis especially rigorous reaching merits dispute force decide whether action taken one two branches federal government unconstitutional ante cases cited support dictum fail merely cases determination unconstitutionality avoided applying reason believe anything normal standing requirements seems utterly implausible framers wanted federal courts limited traditional judicial cases pronouncing upon rights congress president treading upon powers state legislatures executives quite contrary think averse unprecedented judicial meddling federal courts branches state governments dismiss case want jurisdiction normally arrived conclusion express opinion merits unless vote necessary enable produce judgment present case however majority resolution merits question legislature means people outrageously wrong utterly devoid textual historic support flatly contradiction prior cases obviously willful product hostility districting state legislatures avoid adding vote devastating dissent chief justice thomas dissenting arizona state legislature appellant arizona independent redistricting commission et al appeal district district arizona june justice thomas justice scalia joins dissenting reading today opinion one think great defender direct democracy reads legislature times places manner clause art majority offers paean ballot initiative speaks glowing terms characteristic federal system retain autonomy establish governmental processes ante urges eference state lawmaking may perform vital function democracy ante sentiments difficult accept conduct many cases reveals different attitude toward general ballot initiatives particular last week antithesis deference state lawmaking direct democracy cast aside state laws across country many enacted ballot initiative reflected traditional definition marriage see obergefell hodges ante tradition disdain state ballot initiatives goes back quite two decades ago held unconstitutional arkansas ballot initiative imposing term limits state members congress finding little significance fact term limits adopted popular referendum term limits thornton one year later held unconstitutional ballot initiative prevented enactment laws lesbian bisexual orientation conduct practices relationships constitute otherwise basis minority status quota preferences protected status claim discrimination romer evans neither gave deference state lawmaking said anything virtues direct democracy instead declared result ballot initiative aberration within constitutional tradition enact laws sort constitutional tradition measuring stick hard understand condones redistricting practice unheard nearly years ratification constitution conflicts express constitutional command election laws prescribed state legislature thereof art lack respect ballot initiatives evident done failed term repeatedly refused review cases courts appeals set aside state laws passed ballot initiative see county maricopa thomas dissenting denial certiorari state constitutional amendment denying bail illegal aliens arrested certain circumstances herbert kitchen state constitutional amendment retaining traditional definition marriage smith bishop rainey bostic walker wolf despite warnings indifference cases embolden lower courts reject state laws questionable constitutional grounds supra slip refused grant stay pending appeal decision purporting require state alabama issue marriage licenses couples even though alabama licensing laws challenged case see strange searcy thomas dissenting denial application stay decision cheers direct democracy conspicuously absent sometimes disapproval ballot initiatives even blatant last term one dissenting opinion castigated product state ballot initiative stymieing right racial minorities participate political process schuette bamn sotomayor joined ginsburg dissenting slip hail ballot initiative result state empowerment people ante offer deference state lawmaking instead complained majority michigan voters changed rules middle game reconfiguring existing political process schuette slip criticized state ballot initiatives biased racial minorities minorities face especially uphill battle seeking passage initiatives slip quickly tune changed striking changed ballot initiative case unlike previously treated dismissively unusually ask people approve particular redistricting plan direct democracy instead take districting away people representatives give unelected committee thereby reducing democratic control process future characterization direct democracy best rather like praising plebiscite banana republic installs strongman president life wrapping analysis cloak federalism little conceal flaws reasoning dispense faux federalism instead treat evenhanded manner means applying constitution written although straightforward text article prohibits redistricting unelected independent commission article iii limits power deciding cases controversies agree justice scalia arizona legislature lacks article iii standing assert institutional injury another entity state government dismiss suit respectfully dissent footnotes term gerrymander portmanteau last name elbridge gerry eighth governor massachusetts shape electoral map famously contorted partisan gain included one district shaped like salamander see griffith rise development gerrymander arno ed massachusetts constitution illustrative understanding people authority trump state legislature framed separate convention submitted people ratification occurred legislature attempted promulgate constitution written endeavor drew opposition many massachusetts towns see rakove original meanings politics ideas making constitution wood creation american republic pp people sovereign right incorporate state lawmaking apparatus reserving power adopt laws veto measures passed elected representatives one ranked nonjusticiable political matter pacific telephone telegraph oregon rejecting challenge referendum mounted article iv undertaking guarantee every state th union republican form government see new york erhaps claims guarantee clause present nonjusticiable political arizona admission union congressional districting occurred arizona one member congress martis historical atlas congressional districts table congressional districting plans place see klahr williams supp goddard babbitt supp arizonans fair representation symington supp norrander wendland redistricting arizona reapportionment redistricting west moncrief ed current climate heightened partisanship airc encountered interference operations particular dependence arizona legislature funding removal provision proved problematic airc proposed boundaries majority party like governor arizona attempted remove commission independent chair attempt stopped arizona see cain redistricting commissions better political buffer yale citing mathis brewer arizona independent redistricting brewer see haw art iv haw rev stat cum supp idaho art iii mont art art ii wash art ii see cal art xxi cal govt code ann west supp see iowa code ohio rev code ann lexis art iv pt see conn art iii ind code massachusetts mellon featured justice scalia dissent post bears little resemblance case unanimously found massachusetts lacked standing sue secretary treasury claim federal grant program exceeded congress article powers thus violated tenth amendment suing behalf reasoned massachusetts claim involved rights actually invaded threatened parens patriae stated part massachusetts duty power enforce citizens rights respect relations federal government field state represents parens patriae astutely observed moreover cases standing sue federal government seem depend kind claim state advances decisions hard reconcile fallon manning meltzer shapiro hart wechsler federal courts federal system ed comparing mellon south carolina katzenbach rejecting merits claim voting rights act invaded reserved powers determine voter qualifications regulate elections nebraska wyoming recognizing wyoming bring suit vindicate state interests physical environment within domain emphasis deleted internal quotation marks omitted massachusetts epa maintaining massachusetts entitled special solicitude standing analysis coleman concerned proposed child labor amendment provided congress shall power limit regulate prohibit labor persons eighteen years age internal quotation marks omitted case us touch concern question whether congress standing bring suit president federal analogue arizona initiative power suit congress president raise concerns absent standing analysis noted especially rigorous reaching merits dispute force decide whether action taken one two branches federal government unconstitutional raines byrd endeavor wish away coleman justice scalia dissent suggests case may standoff post overlooks chief justice hughes opinion announced justice stone styled opinion describing coleman wrote raines vote held kansas senators voted ratification proposed federal constitutional amendment standing opinions recognizing precedential weight coleman see baker carr windsor alito dissenting slip curiously justice scalia dissenting standing berates treading upon powers state legislatures post forgets party invoking jurisdiction case inviting review arizona state legislature justice thomas way deciding arizona legislature lacks standing first addresses merits overlooks cases features entirely immaterial whether law involved adopted representative body people exercise initiative seventeenth amendment provided election senators people state list constitutional provisions word legislature appears appended chief justice opinion post illustrative variety functions state legislatures called upon exercise example art cl superseded seventeenth amendment assigned electoral function see smiley article cl assigns appointive function article cl assigns consenting function see smiley art iv cl atifying functions assigned art amdt amdt amdt see hawke art cl unquestionably calls exercise lawmaking authority authority carried representative body state chooses legislative authority also lodged people see infra airc referenced briefing see motion dismiss response plaintiff motion preliminary injunction motion dismiss affirm see motion dismiss affirm act also required comply certain federally prescribed districting rules namely representatives elected districts composed contiguous compact territory containing nearly practicable equal number inhabitants districts equal number representatives state may entitled congress district electing one representative act ch stat state apportionment representatives remained constant act directed state continue using districts state shall redistricted herein prescribed see ibid act address redistricting event state apportionment representatives decreased likely state faced decrease following census state required comply federal constitution voting rights act federal laws draws implements district map nothing affects challenge state district map ground violates one federal requirements plurality branch smith considered question whether repealed implication stated prescribes constitutional provision continues apply chief justice dissent insists precursor act nothing case post undeniably however purpose measures recognize legislative authority state determine redistricting regime illustrative embracive comprehension word legislature charles pinckney explained south carolina ratifying convention america republic people large either collectively representation form legislature debates federal constitution elliot ed participants debates elections clause used word legislature interchangeably state state government see brief brennan center justice school law amicus curiae chief justice dissent cites term limits thornton important precedent overlook post held term limits candidates house senate violated clauses constitution setting forth qualifications membership congress art cl art cl reason entirely harmonious today decision adding limits qualifications set forth constitution wrote contrary principle representative democracy people choose please govern quoting powell mccormack state may choose regulate state national elections differently prerogative clause ind code creating backup commission congressional state legislative districts see app brief appellees collecting state constitutional provisions governing elections constitutional conventions simply past history predating first election state legislatures louisiana example held recent constitutional conventions dinan american state constitutional tradition table state provision voting secret ballot may traced constitutional convention held state see la art vi recently reenacted state constitutional convention see art xi madison called decision hether electors vote ballot vivâ voce quintessential subject regulation elections clause records federal convention farrand rev miss art xii art vi va art ii va art iv wash art vi haw art ii la art xi art ii pa art vii ark art iii ballots unlawfully counted first instance must counted election la art xi ballots must counted publicly ariz art vii setting plurality votes standard victory elections excluding runoffs mont art iv ore art ii footnotes provision modified seventeenth amendment hint support majority glean precedent passing reference atlantic cleaners dyers case interpret trade commerce sherman act see ante even selected snippet describes legislature body majority suggestion baldwin dismissed act partisanship appears basis unless one willing regard tainted every decision favor candidate party majority elections committee ante surprisingly section barely raised addressed district see ante majority prepared say section nothing case ante exactly ringing endorsement term limits course decided abstract principle people choose please govern ante quoting rule people choose congressman senator foreign president see art cl cl art ii cl term limits instead relied analysis text structure history constitution factors cut strongly majority position today