reynolds sims argued november decided june together vann et al baggett secretary state alabama et mcconnell et al baggett secretary state alabama et also appeal charging malapportionment alabama legislature deprived others similarly situated rights equal protection clause fourteenth amendment alabama constitution voters several alabama counties brought suit various officials state election duties complaints sought declaration existing state legislative apportionment provisions unconstitutional injunction future elections pending reapportionment accordance state constitution absent reapportionment mandatory injunction requiring holding election legislators large entire state complaint alleged serious discrimination voters counties whose populations grown proportionately far others since census despite alabama constitutional requirements legislative representation based population decennial reapportionment formed basis existing legislative apportionment pursuant constitution legislature consisted representatives senators state counties senatorial districts county entitled least one representative senate district one member county divided two senate districts federal district declined ordering may primary election held large stating act legislature opportunity take corrective measures general election finding hearing neither two apportionment plans legislature thereafter adopted become effective cure gross inequality invidious discrimination existing representation parties generally conceded violated equal protection clause complainants votes unconstitutionally debased three plans issue district ordered temporary reapportionment general election combining features two plans adopted legislature enjoined officials holding future elections invalid plans officials appealed claiming district erred holding unconstitutional existing proposed reapportionment plans federal lacks power affirmatively reapportion legislature two groups complainants also appealed one claiming error district failure reapportion senate according population claiming error failure reapportion houses population basis held right suffrage denied debasement dilution citizen vote state federal election pp equal protection clause claim debasement right vote malapportionment presents justiciable controversy equal protection clause provides manageable standards lower courts determine constitutionality state legislative apportionment scheme baker carr followed pp equal protection clause requires substantially equal legislative representation citizens state regardless reside pp legislators represent people areas weighting votes differently according citizens happen reside discriminatory pp seats houses bicameral legislature must equal protection clause apportioned substantially population basis pp district correctly held existing alabama apportionment scheme proposed plans constitutionally invalid since neither legislative house thereunder apportioned population basis pp superficial resemblance one alabama apportionment plans legislative representation scheme federal congress affords proper basis sustaining plan since historical circumstances gave rise congressional system representation arising compromise among sovereign unique without relevance allocation seats state legislatures pp federal constitutional requirement houses state legislature must apportioned population basis means nearly practicable districts equal population though mechanical exactness required somewhat flexibility may constitutionally permissible state legislative apportionment congressional districting pp state legislative apportionment scheme may properly give representation various political subdivisions provide compact districts contiguous territory substantial equality among districts maintained pp deviations strict principle constitutionally permissible two houses bicameral state legislature incident effectuation rational state policy long basic standard equality population among districts significantly departed considerations history economic group interests area alone justify deviations principle pp insuring voice political subdivisions least one legislative body may within reason warrant deviations representation state legislatures pp admitting union congress purport pass constitutional questions concerning character state governmental organization whether state legislature apportionment departs principle case congressional approval validate unconstitutional state legislative apportionment consistently equal protection clause properly provide periodic revision reapportionment schemes though revision less frequent decennial constitutionally suspect pp courts attempt accommodate relief ordered apportionment provisions state constitutions far possible provided provisions harmonize equal protection clause awarding withholding immediate relief consider proximity forthcoming election mechanics complexities election laws rely general equitable principles district properly exercised judicial power case ordering reapportionment houses alabama legislature purposes elections temporary measure using best parts two proposed plans found whole invalid retaining jurisdiction deferring hearing issuance final injunction give reapportioned legislature opportunity act effectively pp mclean pitts argued cause appellants appellees nos briefs joseph wilkinson thomas gayle david vann argued cause appellants brief robert vance erskine smith john mcconnell argued cause filed brief appellants appellee richmond flowers attorney general alabama argued cause pro se brief gordon madison assistant attorney general charles morgan argued cause appellees brief appellees sims et al george peach taylor jerome cooper filed brief appellees farr et al solicitor general cox special leave argued cause amicus curiae urging affirmance brief bruce terris richard schmude briefs amici curiae filed leo pfeffer melvin wulf jack greenberg robert mckay american jewish congress et scott miller george long schmied president board aldermen louisville kentucky chief justice warren delivered opinion involved cases appeal two decision federal district middle district alabama holding invalid equal protection clause federal constitution existing two legislatively proposed plans apportionment seats two houses alabama legislature ordering effect temporary reapportionment plan comprised parts proposed judicially disapproved measures august original plaintiffs appellees residents taxpayers voters jefferson county alabama filed complaint district middle district alabama behalf behalf similarly situated alabama voters challenging apportionment alabama legislature defendants appellants sued representative capacities various state political party officials charged performance certain duties connection state elections complaint alleged deprivation rights alabama constitution equal protection clause fourteenth amendment asserted district jurisdiction provisions civil rights act well complaint stated alabama legislature composed senate members house representatives members set relevant portions alabama constitution prescribe number members two bodies state legislature method apportioning seats among state counties provide follows art iv sec legislature shall consist senators one hundred five members house representatives apportioned among several districts counties prescribed constitution provided addition number representatives new county hereafter created shall entitled one representative art ix sec whole number senators shall less whole number representatives art ix sec house representatives shall consist one hundred five members unless new counties shall created event new county shall entitled one representative members house representatives shall apportioned legislature among several counties state according number inhabitants respectively ascertained decennial census apportionment made shall subject alteration next session legislature next decennial census shall taken art ix sec shall duty legislature first session taking decennial census year nineteen hundred ten subsequent decennial census fix law number representatives apportion among several counties state according number inhabitants respectively provided county shall entitled least one representative art ix sec shall duty legislature first session taking decennial census year nineteen hundred ten subsequent decennial census fix law number senators divide state many senatorial districts senators districts shall nearly equal number inhabitants may shall entitled one senator districts formed shall changed next apportioning session legislature next decennial census shall taken provided counties created next preceding apportioning session legislature may attached senatorial districts county shall divided two districts district shall made two counties contiguous art xviii sec representation legislature shall based upon population basis representation shall changed constitutional amendments plaintiffs alleged last apportionment alabama legislature based federal census despite requirement state constitution legislature reapportioned decennially asserted since population growth state uneven jefferson counties victims serious discrimination respect allocation legislative representation result failure legislature reapportion plaintiffs asserted denied equal suffrage free equal elections equal protection laws violation alabama constitution fourteenth amendment federal constitution complaint asserted plaintiffs adequate remedy exhausted forms relief available federal courts alleged alabama legislature established pattern prolonged inaction present clearly demonstrates reapportionment shall effected representation future constitutional convention established legislature making unlikely membership convention fairly representative alabama found legislature complied state constitution failing reapportion according population decennially nevertheless indicated interfere matters legislative reapportionment plaintiffs requested district convened respect relief sought declaration existing constitutional statutory provisions establishing present apportionment seats alabama legislature unconstitutional alabama federal constitutions injunction holding future elections legislators legislature reapportioned accordance state constitution requested issuance mandatory injunction effective time legislature properly reapportioned requiring conducting election legislators large entire state relief may seem equitable proper district convened three groups voters taxpayers residents jefferson mobile etowah counties permitted intervene action two groups nos minor exceptions intervenors adopted allegations sought relief original plaintiffs march three days decided baker carr plaintiffs moved preliminary injunction requiring defendants conduct large may democratic primary election november general election members alabama legislature district set motion hearing order stating tentative views injunction required may primary election protect plaintiffs constitutional rights take action absolutely essential protection asserted constitutional rights alabama legislature reasonable prompt opportunity comply duty alabama constitution april district reiterating views expressed earlier order reset case hearing july noting importance case together necessity effective action within limited period time required early announcement views supp relying decision baker carr found jurisdiction justiciability standing stated taking judicial notice facts population changes alabama counties since present representation state legislature population basis legislature never reapportioned membership required alabama constitution continuing stated legislature complied alabama constitutional provision requiring legislative representation based population objection federal constitutional grounds apportionment indicated legislature failed act actions meet constitutional standards clear duty take action matter prior november general election district stated present thinking follow approach suggested justice clark concurring opinion baker carr awarding seats released consolidation revamping existing districts counties suffering egregious discrimination thereby releasing strangle hold legislature sufficiently permit newly elected body enact constitutionally valid permanent reapportionment plan allowing eventual dismissal case subsequently plaintiffs permitted amend complaint adding prayer relief asked district reapportion alabama legislature provisionally rural strangle hold relaxed enough permit reapportion july extraordinary session alabama legislature adopted two reapportionment plans take effect elections one proposed constitutional amendment referred amendment provided house representatives consisting members apportioned giving one seat alabama counties distributing others according population equal proportions method using formula constitutional amendment specified number representatives allotted county new apportionment made basis census senate composed members one county legislation provided proposed amendment submitted voters ratification november general election reapportionment plan embodied statutory measure adopted legislature signed law alabama governor referred act enacted standby legislation take effect proposed constitutional amendment fail passage majority state voters federal courts refuse accept proposed amendment though rejected voters effective action compliance requirements fourteenth amendment act provided senate consisting members representing senatorial districts established along county lines altered former districts apportioning seats alabama house representatives statutory measure gave county one seat apportioned remaining rough population basis formula requiring increasingly population county accorded additional seats act also provided effective legislature reapportioned according law provided standards reapportionment future apportionments presumably based existing provisions alabama constitution statute unlike proposed constitutional amendment affect evidence adduced trial panel consisted primarily figures showing population alabama county senatorial district according census number representatives allocated county three plans issue litigation existing apportionment constitutional provisions current statutory measures substantially reenacting plan proposed constitutional amendment act three plans senatorial district represented one senator july district held inequality existing representation alabama legislature violated equal protection clause fourteenth amendment finding noted generally conceded parties litigation since population growth shifts converted scheme perpetuated years later invidiously discriminatory plan completely lacking rationality supp existing provisions applying census figures state total population resided districts represented majority members senate lived counties elect majority members house representatives ratios existed senate house bullock county population henry county population allocated two seats alabama house whereas mobile county population given three seats jefferson county people seven representatives respect senatorial apportionment since pertinent alabama constitutional provisions consistently construed prohibiting giving one senate seat one county jefferson county people given one senator lowndes county population wilcox county people considered proposed constitutional amendment act ascertain whether legislature taken effective action remedy unconstitutional aspects existing apportionment initially summarizing result reached stated reached conclusion neither amendment act meets necessary constitutional requirements find legislative acts considered whole obviously discriminatory arbitrary irrational becomes unnecessary pursue detailed development relevant factors federal constitutional test analogy survive superficial examination history requirement federal constitution diametrically opposing history requirement alabama constitution representation shall based population survive comparison different political natures counties turning next provisions act district found apportionment seats alabama house representatives allocating one seat county distributing remaining populous counties diminishing ratio populations totally unacceptable plan state total population reside counties electing majority members alabama house maximum ratio representative jefferson mobile counties represent persons representatives eight rural counties represent less people regarded senatorial apportionment provided act step right direction extremely short step slight improvement present system representation net effect combining less populous counties districts splitting several larger districts smaller ones merely increase minority represented majority members senate state population pointed act vote person senatorial district consisting bibb perry counties worth times citizen jefferson county vote citizen six smallest districts worth times jefferson county voter concluded act totally unacceptable piece permanent legislation alabama constitution remained effect without alteration least next decennial census detailed requirements various constitutional provisions relating apportionment seats alabama senate house representatives found membership neither house apportioned solely population basis despite provision art xviii epresentation legislature shall based upon population dealing conflicting somewhat paradoxical requirements number seats house limited counties required given least one representative size senate limited required least members house although county given one senator district stated view controlling dominant provision alabama constitution subject representation legislature previously referred language stated detailed requirements art ix make obvious neither house senate representation based strictly entirely upon population result may well representation according population extent must required houses invidious discrimination legislative systems whole avoided indeed policy theme alabama constitution require representation according population houses nearly may still complying detailed provisions district decision new primary elections held pursuant legislation enacted special session proposed constitutional amendment act effective event ordered particular reapportionment plan immediate effect november general election likewise conducted basis district ordered apportionment legislative seats justice black refused stay district order consequently present alabama legislature apportioned accordance temporary plan prescribed district decree members houses alabama legislature serve terms next regularly scheduled election legislators held regular session alabama legislature produced legislation relating legislative apportionment legislature meets biennially hold another regular session effective political remedy obtain relief alleged malapportionment alabama legislature appears available initiative procedure exists alabama law amendment state constitution achieved proposal adopted members houses legislature approved majority people result constitutional convention convened approval people convention call initiated majority houses alabama legislature notices appeal district decision timely filed defendants appellants two groups nos appellants contend district erred holding existing two proposed plans apportionment seats alabama legislature unconstitutional federal lacks power affirmatively reapportion seats state legislature assert erred failing compel reapportionment alabama senate population basis allegedly required alabama constitution equal protection clause federal constitution contend district required ordered effect apportionment seats houses alabama legislature population basis noted probable jurisdiction june ii undeniably constitution protects right qualified citizens vote state well federal elections consistent line decisions cases involving attempts deny restrict right suffrage made indelibly clear repeatedly recognized qualified voters constitutionally protected right vote ex parte yarbrough votes counted mosley mosley stated equally unquestionable right one vote counted open protection right put ballot box right vote neither denied outright guinn lane wilson destroyed alteration ballots see classic diluted stuffing ex parte siebold saylor stated classic obviously included within right choose secured constitution right qualified voters within state cast ballots counted racially based gerrymandering gomillion lightfoot conducting white primaries nixon herndon nixon condon smith allwright terry adams result denying citizens right vote held constitutionally impermissible history seen continuing expansion scope right suffrage country right vote freely candidate one choice essence democratic society restrictions right strike heart representative government right suffrage denied debasement dilution weight citizen vote effectively wholly prohibiting free exercise franchise baker carr held claim asserted equal protection clause challenging constitutionality state apportionment seats legislature ground right vote certain citizens effectively impaired since debased diluted effect presented justiciable controversy subject adjudication federal courts spate similar cases filed decided lower courts since decision baker amply shows problem state legislative malapportionment one perceived exist large number baker suit involving attack apportionment seats tennessee legislature remanded district dismissed action consideration merits intimated view proper constitutional standards evaluating validity state legislative apportionment scheme give consideration question appropriate remedies rather simply stated beyond noting cause stage doubt district able fashion relief violations constitutional rights found improper consider remedy appropriate appellants prevail trial need appellants order succeed action ask enter upon policy determinations judicially manageable standards lacking judicial standards equal protection clause well developed familiar open courts since enactment fourteenth amendment determine particular facts must discrimination reflects policy simply arbitrary capricious action gray sanders held georgia county unit system applicable statewide primary elections unconstitutional since resulted dilution weight votes certain georgia voters merely resided indicating fifteenth nineteenth amendments prohibit state overweighting diluting votes basis race sex stated one person given twice ten times voting power another person statewide election merely lives rural area lives smallest rural county geographical unit representative chosen designated participate election equal vote whatever race whatever sex whatever occupation whatever income wherever home may geographical unit required equal protection clause fourteenth amendment concept people constitution visualizes preferred class voters equality among meet basic qualifications idea every voter equal every voter state casts ballot favor one several competing candidates underlies many decisions stated gray however case unlike baker carr involve question degree equal protection clause fourteenth amendment limits authority state legislature designing geographical districts representatives chosen either state legislature federal house representatives present question inherent bicameral form federal government whether state may one house chosen without regard population wesberry sanders decided earlier term held attacks constitutionality congressional districting plans enacted state legislatures present nonjusticiable questions dismissed generally want equity determined constitutional test validity congressional districting schemes one substantial equality population among various districts established state legislature election members federal house representatives case decided apportionment congressional seats contracts value votes expands others unconstitutional since federal constitution intends qualified voters elect members congress vote given much weight vote concluded constitutional prescription election members house representatives people construed historical context means nearly practicable one man vote congressional election worth much another stated defeat principle solemnly embodied great compromise equal representation house equal numbers people us hold within legislatures may draw lines congressional districts way give voters greater voice choosing congressman others right precious free country voice election make laws good citizens must live rights even basic illusory right vote undermined constitution leaves room classification people way unnecessarily abridges right iii predominant consideration determining whether state legislative apportionment scheme constitutes invidious discrimination violative rights asserted equal protection clause rights allegedly impaired individual personal nature stated bathgate right vote personal result decision state legislative apportionment controversy may require restructuring geographical distribution seats state legislature judicial focus must concentrated upon ascertaining whether discrimination certain state citizens constitutes impermissible impairment constitutionally protected right vote like skinner oklahoma case touches sensitive important area human rights involves one basic civil rights man presenting questions alleged invidious discriminations groups types individuals violation constitutional guaranty equal laws undoubtedly right suffrage fundamental matter free democratic society especially since right exercise franchise free unimpaired manner preservative basic civil political rights alleged infringement right citizens vote must carefully meticulously scrutinized almost century ago yick wo hopkins referred political franchise voting fundamental political right preservative rights legislators represent people trees acres legislators elected voters farms cities economic interests long representative form government legislatures instruments government elected directly directly representative people right elect legislators free unimpaired fashion bedrock political system hardly gainsaid constitutional claim asserted allegation certain otherwise qualified voters entirely prohibited voting members state legislature state provide votes citizens one part state given two times five times times weight votes citizens another part state hardly contended right vote residing disfavored areas effectively diluted appear extraordinary suggest state constitutionally permitted enact law providing certain state voters vote two five times legislative representatives voters living elsewhere vote inconceivable state law effect counting votes legislators votes citizens one part state multiplied two five votes persons another area counted face value constitutionally sustainable course effect state legislative districting schemes give number representatives unequal numbers constituents identical overweighting overvaluation votes living certain effect dilution undervaluation votes living resulting discrimination individual voters living disfavored areas easily demonstrable mathematically right vote simply right vote living favored part state two five must vote effect voting equivalent favored neighbor weighting votes citizens differently method means merely happen reside hardly seems justifiable one must ever aware constitution forbids sophisticated well modes discrimination lane wilson gomillion lightfoot stated wesberry sanders supra believe framers constitution intended permit discrimination accomplished device districts containing widely varied numbers inhabitants say vote worth one district another run counter fundamental ideas democratic government logically society ostensibly grounded representative government seem reasonable majority people state elect majority state legislators conclude differently sanction minority control state legislative bodies appear deny majority rights way far surpasses possible denial minority rights might otherwise thought result since legislatures responsible enacting laws citizens governed bodies collectively responsive popular concept equal protection traditionally viewed requiring uniform treatment persons standing relation governmental action questioned challenged respect allocation legislative representation voters citizens state stand relation regardless live suggested criteria differentiation citizens insufficient justify discrimination weight votes unless relevant permissible purposes legislative apportionment since achieving fair effective representation citizens concededly basic aim legislative apportionment conclude equal protection clause guarantees opportunity equal participation voters election state legislators diluting weight votes place residence impairs basic constitutional rights fourteenth amendment much invidious discriminations based upon factors race brown board education economic status griffin illinois douglas california constitutional system amply provides protection minorities means giving majority control state legislatures democratic ideals equality majority rule served nation well past hardly less significance present future told matter apportioning representation state legislature complex one advised rationally consider factors population apportioning legislative representation admonished restrict power impose differing views political philosophy citizens cautioned dangers entering political thickets mathematical quagmires answer denial constitutionally protected rights demands judicial protection oath office require less us stated gomillion lightfoot supra state exercises power wholly within domain state interest insulated federal judicial review insulation carried state power used instrument circumventing federally protected right iv hold basic constitutional standard equal protection clause requires seats houses bicameral state legislature must apportioned population basis simply stated individual right vote state legislators unconstitutionally impaired weight substantial fashion diluted compared votes citizens living parts state since neither existing apportionment provisions either proposed plans either houses alabama legislature apportioned population basis district correctly held three schemes constitutionally invalid furthermore existing apportionment also lesser extent apportionment act presented little crazy quilts completely lacking rationality found invalid basis alone although district presumably found apportionment alabama house representatives amendment acceptable conclude deviations strict population basis egregious permit us find body proposed plan apportioned sufficiently population basis permit arrangement constitutionally sustained although state total population required comprise districts elect majority body house seats actually distributed population basis alabama counties given least one representative ratios close existed mathematical nicety constitutional requisite one hardly conclude alabama house proposed constitutional amendment apportioned sufficiently population basis sustainable requirements equal protection clause none apportionments seats either bodies alabama legislature three plans considered district came nearly close approaching required constitutional standard house representatives amendment legislative apportionment alabama signally illustrative symptomatic seriousness problem number time litigation commenced reapportionment seats alabama legislature years legislative inaction coupled unavailability political judicial remedy resulted passage years perpetuated scheme becoming little irrational anachronism consistent failure alabama legislature comply state constitutional requirements frequency reapportionment bases legislative representation resulted minority strangle hold state legislature inequality representation one house added inequality existing apportionment virtually conceded invalid alabama legislature offered two proposed plans consideration district neither effective neither provided apportionment even one two houses population basis find err holding neither proposed reapportionment schemes considered whole meets necessary constitutional requirements conclude district acted properly considering two proposed plans although neither become effective election proposed constitutional amendment scheduled submitted state voters november consideration two proposed plans clearly necessary determining whether alabama legislature acted effectively correct admittedly existing malapportionment ascertaining sort judicial relief afforded since neither houses alabama legislature three plans considered district apportioned population basis justified proceeding however one proposed plans contained amendment least superficially resembles scheme legislative representation followed federal congress plan alabama counties allotted one senator counties given one senate seat arguably analogous allocation two senate seats federal congress regardless population seats alabama house proposed constitutional amendment distributed giving counties least one remaining seats allotted among populous counties population basis scheme least first glance appears resemble prescribed federal house representatives seats distributed among population basis although state regardless population given least one congressman thus although substantial differences underlying rationale result amendment proposed alabama legislature least arguably presents consideration scheme analogous used apportioning seats congress much written since decision baker carr applicability federal analogy state legislative apportionment arrangements considering matter concluded conceivable analogy drawn federal scheme apportionment seats alabama legislature proposed constitutional amendment agree district find federal analogy inapposite irrelevant state legislative districting schemes attempted reliance federal analogy appears often little rationalization offered defense maladjusted state apportionment arrangements original constitutions provided representation houses state legislatures based completely predominantly population founding fathers clearly intention establishing pattern model apportionment seats state legislatures system representation federal congress adopted demonstrative fact northwest ordinance adopted year federal constitution provided apportionment seats territorial legislatures solely basis population system representation two houses federal congress one ingrained constitution part law land one conceived compromise concession indispensable establishment federal republic arising unique historical circumstances based consideration establishing type federalism group formerly independent bound together one national government admittedly original surrendered sovereignty agreeing join together form perfect union heart constitutional system remains concept separate distinct governmental entities delegated formerly held powers single national government fact almost present never fact independently sovereign detract view federal analogy inapplicable sustaining precedent state legislative apportionments developing history growth republic cloud fact time inception system representation federal congress compromise larger smaller matter averted deadlock constitutional convention threatened abort birth nation rejecting asserted analogy federal electoral college gray sanders supra stated think analogies electoral college districting redistricting phases problems representation state federal legislatures conventions inapposite inclusion electoral college constitution result specific historical concerns validated collegiate principle despite inherent numerical inequality implied nothing use analogous system state statewide election specific accommodation latter ever undertaken therefore validation numerical inequality ensued thus conclude plan contained amendment apportioning seats alabama legislature sustained recourse federal analogy inequitable state legislative apportionment scheme justified asserted basis necessarily mean plan irrational involves something republican form government conclude simply plan impermissible equal protection clause since perforce resulting virtually every case submergence principle least one house state legislature since find federal analogy inapposite consideration constitutional validity state legislative apportionment schemes necessarily hold equal protection clause requires houses state legislature apportioned population basis right citizen equal representation vote weighted equally citizens election members one house bicameral state legislature amount little effectively submerge principle apportionment seats house scheme permissible individual citizen ability exercise effective voice instrument state government directly representative people might almost effectively thwarted neither house apportioned population basis deadlock two bodies might result compromise concession issues many cases probable result frustration majority minority veto house apportioned population basis stemming directly failure accord adequate overall legislative representation state citizens nondiscriminatory basis summary perceive constitutional difference respect geographical distribution state legislative representation two houses bicameral state legislature believe concept bicameralism rendered anachronistic meaningless predominant basis representation two state legislative bodies required population prime reason bicameralism modernly considered insure mature deliberate consideration prevent precipitate action proposed legislative measures simply controlling criterion apportioning representation required houses mean differences composition complexion two bodies different constituencies represented two houses one body composed districts least multimember districts length terms legislators separate bodies differ numerical size two bodies made differ even significantly geographical size districts legislators elected also made differ apportionment one house arranged balance minor inequities representation certain areas house summary factors presently many utilized engender differing complexions collective attitudes two bodies state legislature although apportioned substantially population basis vi holding federal constitutional requisite houses state legislature must apportioned population basis mean equal protection clause requires state make honest good faith effort construct districts houses legislature nearly equal population practicable realize practical impossibility arrange legislative districts one identical number residents citizens voters mathematical exactness precision hardly workable constitutional requirement wesberry sanders supra stated congressional representation must based population nearly practicable implementing basic constitutional principle representative government enunciated wesberry equality population among districts distinctions may well made congressional state legislative representation since almost invariably significantly larger number seats state legislative bodies distributed within state congressional seats may feasible use political subdivision lines greater extent establishing state legislative districts congressional districting still affording adequate representation parts state constitutionally valid long resulting apportionment one based substantially population principle diluted significant way somewhat flexibility may therefore constitutionally permissible respect state legislative apportionment congressional districting lower courts assuredly work concrete specific standards evaluating state legislative apportionment schemes context actual litigation present deem expedient attempt spell precise constitutional tests marginally permissible one state may unsatisfactory another depending particular circumstances case developing body doctrine basis appears us provide satisfactory means arriving detailed constitutional requirements area state legislative apportionment cf cases wall thus proceed state rather general considerations appear us relevant state may legitimately desire maintain integrity various political subdivisions insofar possible provide compact districts contiguous territory designing legislative apportionment scheme valid considerations may underlie aims indiscriminate districting without regard political subdivision natural historical boundary lines may little open invitation partisan gerrymandering districts may rule one state another state might desire achieve flexibility creating multimember floterial districts whatever means accomplishment overriding objective must substantial equality population among various districts vote citizen approximately equal weight citizen state history indicates however many deviated greater lesser degree principle apportionment seats least one house legislatures long divergences strict population standard based legitimate considerations incident effectuation rational state policy deviations principle constitutionally permissible respect apportionment seats either two houses bicameral state legislature neither history alone economic sorts group interests permissible factors attempting justify disparities representation citizens history economic interests cast votes considerations area alone provide insufficient justification deviations principle people land trees pastures vote modern developments improvements transportation communications make rather hollow claims deviations representation validly based solely geographical considerations arguments allowing deviations order insure effective representation sparsely settled areas prevent legislative districts becoming large availability access citizens representatives impaired today part unconvincing consideration appears substance justifying deviations representation state legislatures insuring voice political subdivisions political subdivisions several factors make insubstantial claims state rationally consider according political subdivisions independent representation least one body state legislature long basic standard equality population among districts maintained local governmental entities frequently charged various responsibilities incident operation state government many much legislature activity involves enactment local legislation directed concerns particular political subdivisions state may legitimately desire construct districts along political subdivision lines deter possibilities gerrymandering however permitting deviations representation mean local governmental unit political subdivision given separate representation regardless population carried far scheme giving least one seat one house political subdivision example county easily result many total subversion principle legislative body especially true state number counties large many sparsely populated number seats legislative body apportioned significantly exceed number counties result conclude constitutionally impermissible careful judicial scrutiny must course given evaluating state apportionment schemes character well degree deviations strict population basis even result clearly rational state policy according legislative representation political subdivisions population submerged controlling consideration apportionment seats particular legislative body right state citizens cast effective adequately weighted vote unconstitutionally impaired vii one arguments frequently offered basis upholding state legislative apportionment arrangement despite substantial disparities population basis either houses grounded congressional approval incident admitting union state apportionment plans containing deviations principle proponents argument contend congressional approval schemes despite disparities representation indicates arrangements plainly sufficient establishing republican form government stated baker carr questions raised guaranty clause nonjusticiable political nature clear absence judicially manageable standards nevertheless inconsistent view hold despite congressional approval state legislative apportionment plans time admission union even though deviating principle enunciated equal protection clause require apportionment scheme houses based population hardly considered failing satisfy guaranty clause requirement congress presumably assume admitting union pass constitutional questions relating character state governmental organization event congressional approval however hardly validate unconstitutional state legislative apportionment congress simply lacks constitutional power insulate attack respect alleged deprivations individual constitutional rights viii equal protection clause requires houses state legislature apportioned population basis mean adopt reasonable plan periodic revision apportionment schemes decennial reapportionment appears rational approach readjustment legislative representation order take account population shifts growth reallocation legislative seats every years coincides prescribed practice often honored breach observance however illustratively alabama constitution requires decennial reapportionment yet last reapportionment alabama legislature suit brought limitations frequency reapportionment justified need stability continuity organization legislative system although undoubtedly reapportioning frequently every years leads imbalance population districts toward end decennial period also development resistance change part incumbent legislators substance regard equal protection clause requiring daily monthly annual biennial reapportionment long state reasonably conceived plan periodic readjustment legislative representation intend indicate decennial reapportionment constitutional requisite compliance approach clearly meet minimal requirements maintaining reasonably current scheme legislative representation mean intimate frequent reapportionment constitutionally permissible practicably desirable reapportionment accomplished less frequency assuredly constitutionally suspect ix although general provisions alabama constitution provide apportionment seats houses alabama legislature population basis detailed provisions clearly make compliance sets requirements impossible respect operation equal protection clause makes difference whether state apportionment scheme embodied constitution statutory provisions alleged malapportionment resulted noncompliance state constitutional provisions complied result apportionment valid equal protection clause judicial task providing effective relief appear rather simple agree view district state constitutional provisions deemed violative federal constitution validly asserted constitutional rights otherwise protected effectuated clearly courts attempt accommodate relief ordered apportionment provisions state constitutions insofar possible also quite clear state legislative apportionment scheme less violative federal constitution based state constitutional provisions consistently complied resulting noncompliance state constitutional requirements unavoidable conflict federal state constitution supremacy clause course controls consider difficult question proper remedial devices federal courts utilize state legislative apportionment cases remedial techniques new developing area law probably often differ circumstances challenged apportionment variety local conditions enough say state legislative apportionment scheme found unconstitutional unusual case justified taking appropriate action insure elections conducted invalid plan however certain circumstances impending election imminent state election machinery already progress equitable considerations might justify withholding granting immediately effective relief legislative apportionment case even though existing apportionment scheme found invalid awarding withholding immediate relief entitled consider proximity forthcoming election mechanics complexities state election laws act rely upon general equitable principles respect timing relief reasonably endeavor avoid disruption election process might result requiring precipitate changes make unreasonable embarrassing demands state adjusting requirements decree stated justice douglas concurring baker carr relief accorded fashioned light principles equity feel district case acted proper commendable manner initially acted wisely declining stay impending primary election alabama properly refrained acting alabama legislature given opportunity remedy admitted discrepancies state legislative apportionment scheme initially stating views provide guidelines legislative action correctly recognized legislative reapportionment primarily matter legislative consideration determination judicial relief becomes appropriate legislature fails reapportion according federal constitutional requisites timely fashion adequate opportunity additionally acted proper judicial restraint alabama legislature failed act effectively remedying constitutional deficiencies state legislative apportionment scheme ordering temporary reapportionment plan effect time sufficiently early permit holding elections pursuant plan without great difficulty prescribing plan admittedly provisional purpose usurp primary responsibility reapportionment rests legislature find therefore action taken district case ordering effect reapportionment houses alabama legislature purposes primary general elections using best parts two proposed plans found whole invalid appropriate exercise judicial power admittedly lower ordered plan intended temporary provisional measure district correctly indicated plan invalid permanent apportionment retaining jurisdiction deferring hearing issuance final injunction order give provisionally reapportioned legislature opportunity act effectively proceeded proper fashion since district evinced realization ordered reapportionment sustained basis conducting election alabama legislators avowedly intends take action reapportioned alabama legislature fail enact constitutionally valid permanent apportionment scheme interim affirm judgment remand cases proceedings consistent views stated opinion ordered footnotes included among defendants secretary state attorney general alabama chairmen secretaries alabama state democratic executive committee state republican executive committee three judges probate three counties representatives probate judges alabama provisions virtually identical contained art ix enacted alabama codes recently reenacted statutory provisions tit alabama code recompiled see opinion justices opinion justices referred district preliminary opinion supp see ex parte rice alabama may subsequent district preliminary order instant litigation well decision baker carr refused review denial injunctive relief sought conducting primary election reapportionment alabama legislature stating matter legislative function jurisdiction waid pool alabama similar suit stated lower properly refused grant injunctive relief appellants seeking interference judicial department state respect matters committed constitution legislative department years since last substantial reapportionment alabama state population increased virtually population gain occurred urban counties many rural counties incurred sizable losses population see clark concurring proposed constitutional amendment alabama senate bill act acts alabama special session text proposed amendment set appendix lower opinion discussion method apportionment used distributing seats federal house representatives among commonly used apportionment methods see schmeckebier method equal proportions law contemp prob alabama reapportionment act alabama house bill act acts alabama special session text act reproduced appendix lower opinion comprehensive chart showing representation counties alabama house representatives existing apportionment provisions set appendix lower opinion chart includes number house seats given county populations alabama counties censuses although assert alabama constitution forbids division county forming senatorial districts one pieces joined another county form multicounty district view appears contrary language art ix alabama constitution practice contend counties entitled population two senators split appropriate number districts argue prior adoption provisions alabama constitution provided reason believe language present provision intended effect change however apportionments alabama constitution provisions act gave one seat county even though population several counties entitled additional senatorial representation chart showing composition counties senatorial districts provided existing apportionment population according censuses reproduced appendix lower opinion according district interval preliminary order decision merits alabama legislature despite adopting constitutional amendment proposal refused inquire state alabama whether provision constitution state alabama changed constitutional amendment amendment proposes least reading district two somewhat conflicting decisions alabama resulting manifest uncertainty legality proposed constitutional amendment measured state standards compare opinion justices opinion justices see later discussion infra note infra reject lower apparent conclusion apportionment alabama house amendment comported requirements equal protection clause formula statute apportionment representatives expressly stated one extrapolated counties less people given one seat receive two seats counties three seats four seats counties six seats counties given seats appendix lower opinion sets chart showing populations senatorial districts provided act composition counties various districts assert act measure merely redrew new senatorial district lines around nominees may democratic primary retain seats nominees resulted practical effect shift one senate seat overrepresented district another underpopulated newly created district possibly resulted understandable desire part alabama legislature await final determination instant litigation proceeding enact permanent apportionment plan however proposed constitutional amendment made alabama house representatives somewhat representative population senate substantially less rejected people referendum populous counties accounting defeat see discussion lucas general assembly colorado post pp decided also date respect lack federal constitutional significance presence absence available political remedy ala art xviii ala art xviii fifteenth seventeenth nineteenth amendments federal constitution involve expansions right suffrage also relevant regard civil rights legislation enacted congress stated justice douglas dissenting south peters right vote right mark piece paper drop box right pull lever voting booth right vote includes right ballot counted also includes right vote counted full value without dilution discount federally protected right suffers substantial dilution favored group full voting strength groups favor votes discounted litigation challenging constitutionality state legislative apportionment schemes instituted least prior end within nine months decision baker carr see mckay political thickets crazy quilts reapportionment equal protection rev contains appendix summarizing reapportionment litigation end see also david eisenberg devaluation urban suburban vote goldberg statistics malapportionment yale scholle hare michigan wmca simon new york later opinion stated question anything composition state federal legislature intimate opinion constitutional phases problem beyond said baker carr stated justice douglas rights sought vindicated suit challenging apportionment scheme personal individual south peters important political rights people macdougall green douglas dissenting stated justice black dissenting colegrove green one deny equal protection clause prohibit law expressly give certain citizens others full vote constitutionally guaranteed right vote right one vote counted clearly imply policy state election systems matter form designed give approximately equal weight vote cast state legislature deny eligible voters right vote congressmen right vote counted destroy effectiveness vote part accomplish name apportionment name see also quoting james wilson delegate constitutional convention later associate justice stated elections equal elections equal given number citizens one part state choose many representatives chosen number citizens part state manner proportion representatives constituents remain invariably works james wilson andrews ed regulation discriminates residents populous counties state favor rural sections lacks equality exercise political rights entitled fourteenth amendment free honest elections foundation republican form government discrimination group class citizens exercise constitutionally protected rights citizenship deprives electoral process integrity none deny state law giving citizens twice vote citizens either primary general election lack equality fourteenth amendment guarantees theme constitution equality among citizens exercise political rights notion one group granted greater voting strength another hostile standards popular representative government although legislative apportionment controversies generally viewed involving conflicts much evidence indicates presently suburban areas probably seriously underrepresented many state legislatures currently thrust state legislative malapportionment results underrepresentation urban suburban areas earlier times cities fact overrepresented number early century certain seaboard cities eastern southern possessed struggled retain legislative representation disproportionate population bitterly opposed according additional representation growing inland areas conceivably future time urban areas might situation attempting acquire retain legislative representation excess population basis entitled malapportionment historically run various directions however whenever constitutionally impermissible equal protection clause british experience eradicating rotten boroughs interesting enlightening parliamentary representation based districts substantially equal population periodic reapportionment accomplished independent boundary commissions discussion experience difficulties great britain achieving fair legislative representation see edwards theoretical comparative aspects reapportionment redistricting reference baker carr vand rev see also discussion baker carr frankfurter dissenting existing scheme marshall county population baldwin county houston county given one seat alabama house bullock county henry county lowndes county allotted two representatives alabama senate existing apportionment district comprising lauderdale limestone counties population another composed lee russell counties conversely lowndes county wilcox county nevertheless senatorial districts given one senate seat interesting discussion problem legislative malapportionment alabama provided comment alabama unrepresentative legislature rev see cases cited discussed notes supra alabama refused even consider granting relief suits challenging validity apportionment seats alabama legislature although stated legislature failed comply requirements state constitution respect legislative reapportionment however since district found proposed constitutional amendment prospectively invalid never fact voted upon state electorate resemblances system representation federal congress apportionment scheme embodied amendment appear superficial actual representation federal house representatives apportioned constitution among conformity population state guaranteed least one seat house feature unique federal system four less country total population census thus four seats federal house distributed basis strict population alabama hand counties less state total population thus proposed amendment total number seats alabama house distributed basis strict population almost nation total population required order elect majority members federal house though unfair districting within presently reduces percentage country population reside districts electing individuals comprising majority federal house cf wesberry sanders supra holding congressional districting unconstitutional population alabama live districts elect majority alabama house proposed constitutional amendment thus hardly argued proposed apportionment alabama house based population way comparable apportionment seats federal house among thorough statement arguments holding federal analogy applicable state legislative apportionment matters see mckay reapportionment federal analogy national municipal league pamphlet mckay federal analogy state apportionment standards notre dame law see also merrill blazes trail thicket reapportionment rev see discussion district holding applicability federal analogy earlier opinion supra report advisory commission intergovernmental relations apportionment state legislatures thomas jefferson repeatedly denounced inequality representation provided virginia constitution frequently proposed changing state constitution provide houses apportioned basis population wrote government republican proportion every member composing equal voice direction concerns representatives chosen letter samuel kercheval writings thomas jefferson ford ed years later stated equal representation fundamental principle true republic prejudice justify violation prejudices justified letter william king jefferson papers library congress vol article ii northwest ordinance stated quite specifically inhabitants said territory shall always entitled benefits proportionate representation people legislature see discussion wesberry sanders stated bain peanut pinson must remember machinery government work allowed little play joints cf discussion practical problems inherent use multimember districts lucas general assembly colorado post pp decided also date see discussion concept floterial districts davis mann post pp decided also date discussion formal apportionment formulae prescribed allocation seats state legislatures see dixon apportionment standards judicial power notre dame law see also book rejecting suggestion representation newer western congress limited never exceed original constitutional convention plainly indicated view history alone provided unsatisfactory basis differentiations relating legislative representation see wesberry sanders instead northwest ordinance explicitly providing representation living northwest territory territorial legislatures clearly implied early year birth federal system proper basis legislative representation regarded population see mckay political thickets crazy quilts reapportionment equal protection rev determining size legislative bodies course matter within discretion individual state nothing opinion read indicating federal constitutional maximums minimums size state legislative bodies see discussing nonjusticiability malapportionment claims asserted guaranty clause report advisory commission intergovernmental relations apportionment state legislatures additionally constitutions seven either require permit reapportionment legislative representation frequently every years see also book cf baker carr see also douglas concurring passages baker quoted opinion supra infra although district indicated apportionment alabama house amendment valid acceptable course reject determination regard merely precatory advisory since found overall plan proposed constitutional amendment unconstitutional see see discussion earlier opinion supra justice clark concurring affirmance goes much beyond necessities case laying new equal population principle state legislative apportionment principle seems offshoot gray sanders one person one vote modified nearly practicable admonition wesberry sanders whether nearly practicable means one person one vote qualified approximately equal deviations impossibility mathematical nicety clear majority use vague meaningless phrases whatever standard applies house state legislature seems need say case plan considered trial crazy quilt clearly revealing invidious discrimination house legislature therefore violative equal protection clause see concurring opinion baker carr therefore reach question federal analogy view one house state legislature meets population standard representation house might include departure take account rational basis factors order afford representation various elements state see dissenting opinion lucas general assembly colorado post decided date incidentally neither cases upon bases opinion apposite gray involved use georgia county unit rule election senators wesberry congressional apportionment case justice stewart parties agreed district finding legislative inaction years face growth shifts population converted alabama legislative apportionment plan enacted one completely lacking rationality accordingly reasons stated dissenting opinion lucas general assembly colorado post affirm judgment district holding apportionment violated equal protection clause also agree proper district framing remedy adhere closely practicable apportionments approved representatives people alabama afford state alabama full opportunity consistent requirements federal constitution devise system legislative apportionment justice harlan dissenting cases holds seats legislatures six apportioned ways violate federal constitution ruling bound follow legislatures meet fate decisions wesberry sanders involving congressional districting gray sanders relating elections statewide office effect placing basic aspects state political systems pervasive overlordship federal judiciary must register protest preliminary statement constitutional discussion found opinion alabama cases nos ante particularly pages thereof remarkable indeed found separate opinions brothers stewart clark ante pp failure address fourteenth amendment whole legislative history amendment pertinent matter hand stripped aphorisms argument boils assertion appellees right vote invidiously debased diluted systems apportionment entitle vote fewer legislators voters assertion tied equal protection clause constitutionally frail tautology equal means equal paused probe deeply matter found equal protection clause never intended inhibit choosing democratic method pleased apportionment legislatures shown language fourteenth amendment taken whole understanding proposed ratified political practices time amendment adopted confirmed numerous state congressional actions since adoption fourteenth amendment common understanding amendment evidenced subsequent constitutional amendments decisions baker carr supra made abrupt break past failure consider matters excused explained concept developing constitutionalism meaningless speak constitutional development language history controlling provisions constitution wholly ignored since think shown beyond doubt state legislative apportionments wholly free constitutional limitations save may imposed republican form government clause art iv action bringing within purview fourteenth amendment amounts nothing less exercise amending power far federal constitution concerned complaints cases dismissed failure state cause action alleged proved shows violation constitutional right proceeding argument observed nothing done baker carr supra two cases followed wake gray sanders wesberry sanders supra quotes length forecloses conclusion reach baker decided claims made within competence federal courts adjudicate although stated conclusion allegations denial equal protection presented justiciable constitutional cause action evident opinion concerned exclusively justiciability gave serious attention question whether equal protection clause touches state legislative apportionments neither opinion concurring opinions considered relevant text fourteenth amendment historical materials bearing question none materials briefed otherwise brought attention gray case expressly laid aside applicability state legislative apportionments one person one vote theory found require striking georgia county unit system see concurring opinion stewart joined clark wesberry involving congressional districting decision rested art constitution expressly reach arguments put forward concerning equal protection clause see note thus seems abundantly clear entirely free deal cases presently light materials called attention first time turn language fourteenth amendment relies exclusively portion fourteenth amendment provides state shall deny person within jurisdiction equal protection laws disregards entirely significance reads 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 emphasis added proposal ratification amendment history adoption fourteenth amendment provides conclusive evidence neither proposed ratified amendment believed equal protection clause limited power apportion legislatures saw fit moreover history demonstrates intention leave power undisturbed deliberate widely believed essential adoption amendment proposal amendment congress resolution proposing became fourteenth amendment reported houses congress reconstruction committee fifteen april first two sections proposed amendment read sec state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws sec representatives shall apportioned among several may included within union according respective numbers counting whole number persons state excluding indians taxed whenever state elective franchise shall denied portion male citizens less years age way abridged except participation rebellion crime basis representation state shall reduced proportion number male citizens shall bear whole number male citizens less years age believe obtained present state public opinion congress several consulted upon careful survey whole ground believe nineteen loyal induced ratify proposition stringent explained impact first section proposed amendment particularly equal protection clause amendment allows congress correct unjust legislation far law operates upon one man shall operate equally upon whatever law punishes white man crime shall punish black man precisely way degree whatever law protects white man shall afford equal protection black man whatever means redress afforded one shall afforded whatever law allows white man testify shall allow man color great advantages present codes different degrees punishment inflicted account magnitude crime according color skin color disqualifies man testifying courts tried way white men need enumerate partial oppressive laws unless constitution restrain fear keep discrimination crush death hated freedmen state shall exclude adult male citizens elective franchise abridge right shall forfeit right representation proportion effect provision either compel grant universal suffrage shear power keep forever hopeless minority national government legislative executive toward end debate three days later bingham author first section reconstruction committee leading proponent concluded discussion following allow speaker passing say amendment takes state right ever pertained state ever right forms law otherwise deny freeman equal protection laws abridge privileges immunities citizen republic although many assumed exercised power without remedy amendment give second section shows power congress regulating suffrage several emphasis added second section excludes conclusion first section suffrage subjected congressional law save indeed exception right people state republican government choose representatives congress guarantees constitution amendment remedy might given directly case supposed madison treason might change state government republican despotic government thereby deny suffrage people emphasis added sure agree great body people country agree committee thus far reporting measures reconstruction agree exercise elective franchise though one privileges citizen republic exclusively control emphasis added debate senate began may followed pattern speaking senate chairman reconstruction committee ill senator howard also member committee explained meaning equal protection clause follows last two clauses first section amendment disable state depriving merely citizen person whoever may life liberty property without due process law denying equal protection laws state abolishes class legislation away injustice subjecting one caste persons code applicable another prohibits hanging black man crime white man hanged protects black man fundamental rights citizen shield throws white man time president extend black man almost called poor privilege equal protection law sir first section proposed amendment give either classes right voting right suffrage law one privileges immunities thus secured constitution merely creature law always regarded country result positive local law regarded one fundamental rights lying basis society without people exist except slaves subject depotism sic emphasis added sir question question half dozen members senate may prefer respect colored suffrage entirely question measure pass two houses question really legislatures various amendments submitted premises likely meet general approbation people elect legislatures three fourths must ratify propositions force constitutional provisions committee opinion yet prepared sanction fundamental change concession right suffrage colored race may well state plainly fairly shall misunderstanding subject opinion three fourths union induced vote grant right suffrage even degree restriction colored race second section leaves right regulate elective franchise still meddle right emphasis added ii ratification loyal reports debates state legislatures ratification fourteenth amendment generally available however compelling indirect evidence loyal ratified amendment five constitutional provisions apportionment least one house respective legislatures wholly disregarded spread population ten constitutional provisions gave primary emphasis population applied also principles partial ratios recognition political subdivisions intended favor sparsely settled areas seriously contended legislatures almost concerned ratified amendment might render constitutions unconstitutional state constitutional provisions merely theoretical new jersey example cape may county population ocean county population elected one state senator essex hudson counties populations respectively house county entitled one representative left seats apportioned according population since counties besides two already mentioned populations evident serious disproportions house also new york counties except hamilton county entitled one seats assembly left seats distributed among counties populations ranged seven counties populations others populations disproportion assembly necessarily large vermont county allocated one senator seats remaining distributed among larger counties smallest county population largest population counties populations iii ratification reconstructed reconstructed required ratify fourteenth amendment readmitted union constitution scrutinized congress debates readmission extensive least one instance problem state legislative apportionment expressly called attention congress objecting inclusion florida act june farnsworth stated floor house might refer apportionment representatives constitution representatives legislature florida apportioned manner give portions state control legislature parts state negroes parts inhabited white rebels men coming georgia alabama control fortunes several counties constitution every county state entitled representative state counties thirty registered voters yet constitution every one counties entitled representative legislature populous counties entitled one representative additional representative every thousand inhabitants arguments statements provisions constitution submitted judiciary committee senate found constitution republican proper constitution submitted senate found republican proper submitted committee reconstruction found republican proper reported house incredible congress exacted ratification fourteenth amendment price readmission studied state constitutions compliance amendment disregarded violations facts recited show beyond possible doubt congress full awareness attention possibility afford full equality voting rights citizens nevertheless deliberately chose interfere plenary power regard proposed fourteenth amendment congress include fourteenth amendment restrictions power control voting rights believed restrictions included amendment adopted least substantial majority ratified fourteenth amendment consider accepting limitations freedom never questioned regulate voting rights chose new york adopted constitution peculiar apportionment provisions obviously intended prevent representation according population county allowed senators two counties adjoining separated public waters senators whenever county became entitled three senators total number senators increased thus preserving small counties original number seats addition county except hamilton guaranteed seat assembly north carolina constitution gave county least one representative fixed maximum number representatives whole house oklahoma constitution time admission union favored small counties use partial ratios maximum number seats house addition county permitted take part election seven representatives pennsylvania continued guarantee county one representative house true south carolina constitution provided also county elect one one senator utah original constitution assured county one representative house wyoming entered union guaranteed county least one senator one representative today factors still adoption fourteenth amendment deemed necessary adopt fifteenth follows right citizens vote shall denied abridged state account race color previous condition servitude fourteenth amendment already provided state make enforce law abridge privileges immunities citizens suffrage one privileges immunities amend constitution prevent denied account race nothing evident greater must include less already protected go form amending constitution protect part mention made finally decisions disregarded accurately silently overruled today minor happersett supra held fourteenth amendment confer right vote anyone already noted cases directly point colegrove barrett dismissed want substantial federal question appeal dismissal complaint alleging illinois legislative apportionment resulted gross inequality voting power gross arbitrary atrocious discrimination voting denied plaintiffs equal protection laws remmey smith supp district dismissed complaint alleging apportionment pennsylvania legislature deprived plaintiffs constitutional rights guaranteed fourteenth amendment district stated aware plaintiffs allegations notoriously true practical disenfranchisement qualified electors certain election districts philadelphia county matter common knowledge dismissed appeal want substantial federal question kidd mccanless tennessee dismissed action declaratory judgment tennessee apportionment act unconstitutional complaint alleged minority approximately voting population state elects controls members senate minority voting population state controls members house representatives without dissent granted motion dismiss appeal radford gary supp district convened consider complaint plaintiff effect existing apportionment statutes state oklahoma violate plain mandate oklahoma constitution operate deprive equal protection laws guaranteed fourteenth amendment constitution plaintiff alleged resident voter populous county state total population state seats state senate less seats house complaint recited unwillingness inability branches state government provide relief alleged state remedy available district granted motion dismiss affirmed without dissent recent cases distinguished ground baker carr see summary dispositions prevent consideration whether distinctions real imaginary fact remains however four cases raising issues precisely decided today presented three dismissed issues presented thought insubstantial fourth lower dismissal affirmed tried make catalogue complete yet keep within manageable limits judicial opinion judgment today decisions refuted language amendment construe inference fairly drawn subsequently enacted amendments unequivocally refuted history consistent theory practice time adoption fourteenth amendment today ii elaboration new constitutional doctrine indicates far unwisely strayed appropriate bounds authority consequence today decision handful may already satisfy new requirements local district may state courts given blanket authority constitutional duty supervise apportionment state legislatures difficult imagine intolerable inappropriate interference judiciary independent legislatures alabama cases nos district held invalid existing provisions state constitution lightly dismisses wave supremacy clause remark makes difference whether state apportionment scheme embodied constitution statutory provisions ante also proposed amendment alabama constitution never submitted voters alabama ratification standby legislation become effective unless amendment rejected declared unconstitutional event sims frink supp see ante pp measures adopted nine days extraordinary session alabama legislature convened pursuant nearly directive district see sims frink supp district formulated plan apportionment alabama legislature picking choosing among provisions legislative measures see ante beyond warned legislature still judicial reapportionment unless legislature like undertook task district acted proper commendable manner ante approves district avowed intention taking action unless state legislature acts ante maryland case post state legislature called special session enacted temporary reapportionment house delegates pressure state courts thereafter maryland appeals held maryland senate constitutionally apportioned maryland committee fair representation tawes md holds neither branch state legislature meets constitutional requirements post presumes since maryland constitutional provisions relating legislative apportionment hereby held unconstitutional maryland legislature inherent power enact least temporary reapportionment legislation pending adoption state constitutional provisions satisfy federal constitution premise concludes maryland courts need feel obliged take affirmative action circumstances election members maryland legislature permitted conducted pursuant existing unconstitutional plan virginia case post state legislature complied state constitutional requirement regular reapportionment two days later complaint filed district eight months later legislative reapportionment declared unconstitutional mann davis supp district gave state legislature two months within reapportion special session penalty reapportioned stay granted member slowed process plain stay forthcoming future virginia legislature given adequate opportunity enact valid plan fails act promptly remedying constitutional defects state legislative apportionment plan district take action post delaware post district entered order july stayed proceedings august hope expectation general assembly take appropriate action intervening days sincock terry supp way prodding presumably noted legislative action taken sustained plaintiffs claim present general assembly subsequent general assembly members elected pursuant section article challenged provisions delaware constitution might held de jure legislature legislative acts might held invalid unconstitutional five days later july general assembly approved proposed amendment state constitution august district entered order denying defendants motion dismiss said wish substitute judgment collective wisdom general assembly delaware light circumstances proceed promptly supp october declined enjoin conduct elections november supp went express regret general assembly adopted suggestion see delaware constitution amended make apportionment statutory rather constitutional matter facilitate changes apportionment might required january general assembly approved proposed amendment apportionment provisions delaware constitution thereby became effective january three months later april district reached reluctant conclusion art ii delaware constitution unconstitutional without amendment sincock duffy supp observing state delaware general assembly seem trapped kind box time gave general assembly october adopt acceptable provisions apportionment may district enjoined defendants conducting elections including general election scheduled november pursuant old new constitutional provisions approves proceedings noting particularly allowing elections go forward district acted wise temperate manner post records cases decided today sure duplicated already present jarring picture courts threatening take action area business entering inevitably basis political judgments incompetent make show legislatures meeting haste deliberating deciding haste avoid threat judicial interference far tell response unseemly state affairs ponderous insistence denial constitutionally protected rights demands judicial protection ante thus refusing recognize bearing potential conflict kind may question whether claimed rights fact constitutionally entitled judicial protection assumes rather supports conclusion obvious cases mark end reapportionment problems courts predictions made courts never face problem actually working apportionment proved false however continues avoid consequences decisions simply assuring us lower courts work concrete specific standards ante deeming expedient spell precise constitutional tests contents stating rather general considerations ibid generalities obscure cold truth cases type amenable development judicial standards set standards guide decide many legislative districts state shall shape districts shall draw particular district line judicially manageable standard determine whether state districts multimember districts combination standard control balance keeping population shifts stable districts respects courts called upon make particular decisions respect principle equally populated districts assistance whatsoever quite obviously limitless possibilities districting consistent principle problems avoided judicial reliance legislative judgments far possible reshaping combining one two districts modifying district lines less matter choosing among many possible solutions varying political consequences reapportionment broadside ignores saying marginally permissible one state may unsatisfactory another depending particular circumstances case ante well remember product today decisions readjustment districts glaringly depart principle equally populated districts redetermination extensive many cases legislative districts although necessarily believe provides generalities elaboration main thesis opinion nevertheless fully demonstrates far removed problems fields judicial competence recognizing indiscriminate districting invitation partisan gerrymandering ante pp nevertheless excludes virtually every basis formation electoral districts indiscriminate districting one another today opinions declares unconstitutional state give effective consideration following establishing legislative districts history economic sorts group interests area geographical considerations desire insure effective representation sparsely settled areas availability access citizens representatives theories bicameralism except approved occupation attempt balance urban rural power preference majority voters state know principle logic practical theoretical politics still less constitutional principle establishes exclusions certain opinion establish far says anything score says legislators represent people trees acres ante citizens history economic interests cast votes ante people land trees pastures vote ibid may conceded surely equally obvious context elections meaningful note people ciphers legislators represent electors speaking interests economic social political many reflect place electors live establish indeed even attempt make case proposition conflicting interests within state adjusted disregarding voters grouped purposes representation conclusion decisions also cut deeply fabric federalism must follow may eventually appear product state legislatures nevertheless thinking person fail recognize aftermath cases however desirable may thought achieved cost radical alteration relationship federal government particularly federal judiciary one overbearing impatience federal system political processes believe cost high inevitable finally decisions give support current mistaken view constitution constitutional function view nutshell every major social ill country find cure constitutional principle take lead promoting reform branches government fail act constitution panacea every blot upon public welfare ordained judicial body thought general reform movements constitution instrument government fundamental premise diffusion governmental authority lies greatest promise nation realize liberty citizens limited function accordance premise serve high purpose exceeds authority even satisfy justified impatience slow workings political process name constitutional interpretation adds something constitution deliberately excluded reality substitutes view amending process dissent cases believing none plaintiffs stated cause action extent baker carr expressly implication went beyond discussion jurisdictional doctrines independent substantive issues involved limited fact experiment venturesome constitutionalism reverse judgments district courts nos alabama virginia delaware remand directions dismiss complaints affirm judgments district courts new york colorado appeals maryland opinion applies also wmca et al lomenzo secretary state new york et post maryland committee fair representation et al tawes governor et post davis secretary state board elections et al mann et post roman clerk et al sincock et post lucas et al general assembly colorado et post alabama colorado delaware maryland new york virginia virginia case davis mann post defendants introduced exhibit prepared staff bureau public administration university virginia virginia legislature held unconstitutionally apportioned ranked eighth among representativeness population taken basis representation notes end litigation attacking apportionment state legislatures instituted least ante note see infra pp see baker carr dissenting opinion frankfurter joined gray sanders wesberry sanders clause manifestly bearing claims made cases see elliot debates adoption federal constitution event foundation judicial relief luther borden ohio ex rel bryant akron metropolitan park district highland farms dairy agnew baker carr supra stated reliance republican form government clause futile fair say beyond discussion large number cases relevance question views subject fully stated compass single sentence judicial standards equal protection clause well developed familiar open courts since enactment fourteenth amendment determine particular facts must discrimination reflects policy simply arbitrary capricious action except perhaps crazy quilt doctrine brother clark nothing added concurring opinions cryptic remands scholle hare wmca simon authority baker nothing say question see journal committee reprinted kendrick journal joint committee fifteen reconstruction see debates congress cong globe passim hereafter globe globe globe reported house globe prior versions amendment reconstruction committee see kendrick op supra note work reconstruction committee discussed kendrick supra flack adoption fourteenth amendment passim globe ibid stevens referring proposed amendment constitution provided whenever elective franchise shall denied abridged state account race color persons therein race color shall excluded basis representation globe passed house muster necessary vote senate globe ibid ibid ibid globe kendrick op supra note flack op supra note globe ibid evident context reference republican government bingham regard limitations right vote denial vote specified categories individuals violating guarantee republican form government ibid representative rogers voted resolution globe suggested right vote might covered privileges immunities clause globe immediately thereafter discussed possibility southern might refuse allow negroes vote ibid globe globe ibid ibid globe globe evidence mostly committee reports messages legislatures governors effect evidence debates congress see ark house ind house mass legis house doc mo extra sess house extra sess house doc contra house tex account proceedings state legislatures citations proceedings see fairman fourteenth amendment incorporate bill rights stan rev conn art third towns part second xxvi direct taxes paid art iv ii cl counties art vi towns cities vt ii towns none house apportioned strictly according population conn amend ii part second art iv iii cl art vt amend iowa art iii kan art art art first mich art iv mo art iv art iii ohio art xi pa art amended tenn art ii va art iv ninth census statistics population hereafter census population figures hereafter year presumably best reflect figures years figures available time course used anyone interested population statistics see globe remarks senator johnson method apportionment contained art iv ii cl art iv iii cl census ibid art iii census ibid ibid counties census entitled least one total seats vt amend census act mar stat see also act june stat declaring north carolina south carolina louisiana georgia alabama florida admitted representation congress legislatures ratified fourteenth amendment conditions also imposed including requirement georgia nullify certain provisions constitution ibid arkansas already ratified fourteenth amendment readmitted act june stat virginia readmitted act stat mississippi act stat texas act mar stat georgia finally readmitted later act july stat discussing bill eventuated act june see note supra thaddeus stevens said sir particular question considering five six submitted question forming constitutions government voluntarily formed constitutions direction government sent us constitutions constitutions printed laid us looked pronounced republican form propose require shall remain forever subject requirement willing admit union cong globe see also remarks butler infra compare florida see cong globe cong globe ala art viii fla art xiv ga art iii la tit ii art art ii art ii art ii counties census ibid art ii census fla art xiv census ala art ix ala art ix fla art vii ga art iii iii la art miss art mo art iv mont art art vi part second xxvi amended part second arts art iii art iii art ii okla art pa art ii art iii utah art ix wyo art iii tabular presentation constitutional provisions apportionment appears book using table disregarding deviations pure population base advisory commission intergovernmental relations legislatures apportioned solely according population apportionment state legislatures compare statement guinn beyond doubt fifteenth amendment take away state governments general sense power suffrage belonged governments beginning without possession power whole fabric upon division state national authority constitution organization governments rest without support authority nation state fall ground fact command amendment recognizes possession general power state since amendment seeks regulate exercise particular subject deals quoted phrases taken jurisdictional statement pp two early cases dealing party primaries texas indicated equal protection clause afford protection right vote nixon herndon nixon condon cases two cases dealing qualifications electors oklahoma gone fifteenth amendment guinn lane wilson rationale texas cases almost certainly explained reluctance decide party primaries part electoral process purposes fifteenth amendment see newberry question laid rest classic decided subsequent cases involving texas party primaries basis fifteenth amendment smith allwright terry adams recent decision gomillion lightfoot constitutional claim stated allegations municipal lines redrawn intention depriving negroes right vote municipal elections based fifteenth amendment one justice concurring opinion relied equal protection clause fourteenth amendment measures adopted july district handed opinion july reversing initial order circuit anne arundel county dismissing plaintiffs complaint maryland appeals directed lower hear evidence determine plaintiffs constitutional claims found provisions maryland constitution invalid declare legislature power called special session governor action deemed appropriate enact bill reapportioning membership purposes november election maryland committee fair representation tawes md remand opinion circuit included declaration opinion filed may maryland legislature special session adopted emergency measures declared unconstitutional seven days later may virginia constitution art iv requires reapportionment made every years reapportionment acts approved apr complaint filed apr district handed opinion gave virginia general assembly enact appropriate reapportionment laws stated failing action appeal plaintiffs might apply orders may required chief justice granted stay pending final disposition case delaware constitution art xvi requires amendments approved necessary vote two successive general assemblies district thus nailed lid box time everyone seemed trapped lid temporarily opened crack june justice brennan granted stay injunction disposition case since delay inherent following state constitutional prescription approval constitutional amendments two successive general assemblies allowed result impermissible deprivation appellees right adequate voice election legislators represent post lid presumably slammed shut new york colorado pattern conduct thus far avoided new york case post district twice dismissed complaint without reaching merits wmca simon supp remand following baker carr supra merits supp colorado case post district first declined interfere forthcoming election reapportionment measures submitted voters lisco mcnichols supp election upheld apportionment provisions adopted supp view action takes cases little doubt legislatures two subjected kind pressures federal judiciary mere fancy suppose order avoid problems sort may one day tempted hold state legislators must elected statewide elections ante ante pp ante ibid ibid ibid ante pp davis mann post lucas general assembly post ante note view modern developments transportation communication finds unconvincing arguments based desire insure representation sparsely settled areas avoid districts large voters access representatives impaired ante appendix opinion justice harlan dissenting nearest approach justice likely able make approve second section bases representation upon voters garfield unprecedented thing former slave population permitted reside enter basis representation state receive element representation count apportioning legislative districts count five fifths longer three fifths question soon make new apportionment thayer second section amendment ostensibly intended remedy supposed inequality basis representation real object reduce number southern representatives congress electoral college also operate standing inducement negro suffrage boyer shall pardoned rebels south include basis representation four million people deny political rights one allowed vote selection representative kelley shall speaker vote amendment approve controlled report committee fifteen proposed give right suffrage every loyal man country kelley ask representation limited limit suffrage negroes south counted political element government south counted political element government country union broomall proposed base representation upon suffrage upon number voters instead upon aggregate population every state union raymond admit equality representation based upon exercise elective franchise people proposition matter suffrage falls short desire far goes tends equalization inequality present existing demand shall continue demand franchise loyal male citizens country admit possibility ultimately eleven may restored representative power without right franchise conferred upon colored people feel doubly humiliated disgraced criminal even hesitated proposition equalizes representation boutwell conceding state right regulate right suffrage representation male citizens less years age whether white black deprived exercise suffrage amendment settle complication regard suffrage representation leaving state regulate decide whether shall representation male citizens less years age miller manifestly state basis national representation enlarged reason portion citizens within borders elective franchise denied political power shall lost denial imposed participation rebellion crime hoped political interests may work line justice end impartial enfranchisement citizens disqualified crime whether end shall attained secured measure political power state shall determined portion citizens speak act polls shall enlarged residence within state portions citizens denied right franchise much second section amendment wish demand odious inequalities removed representation equalized political rights citizens operation believe ultimately recognized admitted eliot doubt government full power extend elective franchise colored population insurgent mean authority said power doubt government authority constitution think power distinction make authority power nature government right public opinion country precise moment make impossible therefore wise part committee reconstruction waive matter deference public opinion situation opinion compels us look means protect government enemy banks deny portion loyal citizens state right vote representatives shall assume represent done long time misrepresent oppress step right direction although prefer see incorporated constitution guarantee universal suffrage get required two thirds cordially support proposition next best farnsworth appendix opinion justice harlan dissenting second section constitutional amendment proposed committee justified upon theory negroes vote negro suffrage must vindicated people sustaining section exclude population north admitted wrong excluding suffrage aliens females minors say negro excluded suffrage shall also excluded basis representation inequality injustice injustice unless good reason discrimination south excluding population basis representation defense make apparent injustice south commits outrage upon human rights denies ballot blacks allow take advantage wrong profit outrage one suppose possible avoid plain issue people sustain reducing representation south allow negro vote think wrong disfranchise senator stewart second section proposed amendment relieves negro misrepresentation congress denying representation whatever senator stewart venture opinion second section means read thus state shall allowed representation colored population unless right voting given negroes presenting alternative loss representation enfranchisement negroes political equality senator hendricks much better satisfied right suffrage given intelligent negroes served army believed wiser ones amendment soon produce grant suffrage craving political power ere long give universal suffrage believing amendment probably goes far favor suffrage negro practicable accomplish hoping may end accomplish desire respect shall vote adoption although glad go senator poland operation amendment whip held pennsylvania say must either allow negroes vote one member congress less senator cowan sir certainly mine doubt local contradistinguished state elections city elections county elections district borough elections city county district elections held law state city county district borough may elections according laws certain qualifications prescribed residence within limits locality property qualification proposed say every man state liberty vote city country borough election affect basis representation senator johnson president measure upon table like first proposition submitted senate committee fifteen concedes right exclusive right regulate franchise says southern course state union right regulate franchise consequently far government concerned black man permitted right franchise wrong wrong government impotent redress senator johnson amendment fixes representation upon numbers precisely constitution state denies abridges elective franchise male inhabitants citizens less years age except participation rebellion crime state lose representation congress proportion male citizen excluded bears whole number male citizens less years age state senator henderson page references cong globe sess page references cong globe sess