wesberry sanders argued decided february appellants qualified voters georgia fifth congressional district population two three times greater congressional districts state since one congressman district appellants claimed debasement right vote resulting georgia apportionment statute failure legislature realign state congressional districts nearly equalize population brought class action asking apportionment statute declared invalid appellees governor secretary state enjoined conducting elections district though recognizing gross population imbalance fifth district relation districts dismissed complaint want equity held baker carr involved alleged malapportionment seats state legislature district jurisdiction subject matter appellants standing sue stated justiciable cause action relief granted pp complaint alleging debasement right vote result state congressional apportionment law subject dismissal want equity raising wholly political question pp constitutional requirement art representatives chosen people several means nearly practicable one person vote congressional election worth much another pp frank cash pro hac vice special leave emmet bondurant ii argued cause appellants brief dejongh franklin paul rodgers assistant attorney general georgia argued cause appellees brief eugene cook attorney general georgia bruce terris special leave argued cause amicus curiae urging reversal brief solicitor general cox richard schmude justice black delivered opinion appellants citizens qualified voters fulton county georgia entitled vote congressional elections georgia fifth congressional district district one ten created georgia statute includes fulton dekalb rockdale counties population according census average population ten districts less half fifth one district ninth people less many fifth since one congressman district inequality population means fifth district congressman represent two three times many people congressmen georgia districts claiming population disparities deprived voters similarly situated right federal constitution votes congressmen given weight votes georgians appellants brought action asking georgia statute declared invalid appellees governor secretary state georgia enjoined conducting elections complaint alleged appellants deprived full benefit right vote violation art constitution provides house representatives shall composed members chosen every second year people several due process equal protection privileges immunities clauses fourteenth amendment part section fourteenth amendment provides representatives shall apportioned among several according respective numbers case heard district found unanimously facts disputed clear standard population fifth district grossly balance nine congressional districts georgia fact much removal dekalb rockdale counties district leaving fulton population leave exceeding average slightly forty per cent baker carr supra considered challenge tennessee statute providing apportionment state representatives senators state constitution called apportionment among counties districts according number qualified voters complaint charged state constitutional command apportion basis number qualified voters followed statute districts discriminatorily disparate number qualified voters plaintiffs persons similarly situated virtue debasement votes denied equal protection laws guaranteed fourteenth amendment cause alleged debasement votes state legislators districts containing widely varying numbers people precisely alleged debase votes congressmen colegrove green supra present case baker pointed opinion justice frankfurter colegrove upon reasoning majority leaned heavily dismissing want equity approved three seven justices sitting full consideration colegrove baker held district jurisdiction subject matter qualified tennessee voters standing sue plaintiffs stated justiciable cause action relief granted reasons led conclusions baker equally persuasive indeed one grounds relied support holding state apportionment controversies justiciable said smiley holm koenig flynn carroll becker concerned choice representatives federal congress smiley koenig carroll settled issue favor justiciability questions congressional redistricting followed precedents colegrove although dissent three seven justices participated decision ii brings us merits agree district georgia apportionment grossly discriminates voters fifth congressional district single congressman represents two three times many fifth district voters represented congressmen georgia congressional districts apportionment statute thus contracts value votes expands others federal constitution intends qualified voters elect members congress vote given much weight vote statute stand hold construed historical context command art representatives chosen people several means nearly practicable one man vote congressional election worth much another rule followed automatically course representatives chosen group statewide basis widespread practice first years nation history extraordinary suggest statewide elections votes inhabitants parts state example georgia thinly populated ninth district weighted two three times value votes people living populous parts state example fifth district around atlanta cf gray sanders 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 cast aside principle house representatives elected people principle tenaciously fought established constitutional convention history constitution particularly part relating adoption art reveals framed constitution meant matter mechanics election whether statewide districts population basis house representatives revolutionary war rebelling colonies loosely allied continental congress body authority little pass resolutions issue requests men supplies war ended congress proposed secured ratification somewhat closer association articles confederation though articles established central government former colonies even called retained sovereignty like independent nations bound together treaties separate judicial executive branches congress consisting single house like members ancient greek league state without regard size population given one vote house soon became clear confederation without adequate power collect needed revenues enforce rules congress adopted farsighted men felt closer union necessary saved foreign domestic dangers result constitutional convention called sole express purpose revising articles confederation convention met may modest purpose soon abandoned greater challenge creating new closer form government possible confederation soon convention assembled edmund randolph virginia presented plan merely amend articles confederation create entirely new national government national executive national judiciary national legislature two houses one house elected people second house elected first question legislature constituted precipitated bitter controversy convention one principle uppermost minds many delegates matter lived voter voice equal every electing members congress support principle george mason virginia argued strongly election larger branch people grand depository democratic principle govt delegates opposed election people sharpest objection arose fear part small like delaware population basis representation populous like virginia elect large enough number representatives wield overwhelming power national government arguing convention authority depart plan articles confederation gave state equal vote national congress william paterson new jersey said sovereignty maintained representatives must drawn immediately people power vary idea equal sovereignty end proposed single legislative chamber state confederation equal vote number delegates supported plan delegates wanted every man vote count alike sharp criticism giving state regardless population voice national legislature madison entreated convention renounce principle wch confessedly unjust rufus king massachusetts prepared every event rather sit govt founded vicious principle representation must shortlived unjust dispute came near ending convention without constitution sides seemed time hopelessly obstinate delegations threatened withdraw convention get way seeing controversy growing sharper emotions rising wise highly respected benjamin franklin arose pleaded delegates sides part demands order may join accommodating proposition last supported representation people houses supported neither brought together expressing fear reconcile differences foreign sword probably work us deadlock finally broken majority agreed called great compromise based proposal repeatedly advanced roger sherman delegates connecticut provided one hand state including little delaware rhode island two senators guarantee senators considered state emissaries elected state legislatures art specially provided article state ever deprived equal representation senate side compromise provided art members house representatives chosen people several apportioned among several according respective numbers wanted houses represent people yielded senate yielded house representatives william samuel johnson connecticut summed well one branch people represented debates convention make least one fact abundantly clear delegates agreed house represent people intended allocating congressmen number assigned state determined solely number state inhabitants constitution embodied edmund randolph proposal periodic census ensure fair representation people idea endorsed mason assuring numbers inhabitants always measure representation house representatives convention also overwhelmingly agreed resolution offered randolph base future apportionment squarely numbers delete reference wealth delegates defeated motion made elbridge gerry limit number representatives newer western never exceed number original 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 house representatives convention agreed represent people individuals basis complete equality voter delegates quite aware madison called vicious representation great britain whereby rotten boroughs inhabitants represented parliament almost par cities greater population wilson urged people must represented individuals america escape evils english system one man send two members parliament represent borough old sarum london million people sent four delegates referred rotten borough apportionments state legislatures kind objectionable governmental action constitution tolerate election congressional representatives madison federalist described system division congressional districts method others assumed probably adopt city philadelphia supposed contain fifty sixty thousand souls therefore form nearly two districts choice federal representatives umbers said suitable way represent wealth event proper scale representation state conventions speakers urging ratification constitution emphasized theme equal representation house permeated debates philadelphia charles cotesworth pinckney told south carolina convention house representatives elected immediately people represent personal rights individually speakers ratifying conventions emphasized house representatives meant free malapportionment existing state legislatures connecticut rhode island south carolina argued power given congress art meant used vindicate people right equality representation house congress power said john steele north carolina convention used allow congress create rotten boroughs answer another delegate suggestion congress might use power favor people living near seacoast steele said congress probably lay state districts made laws inconsistent constitution independent judges uphold people obey soon constitution adopted james wilson pennsylvania associate justice gave series lectures philadelphia drawing experience one active members constitutional convention said elections equal elections equal given number citizens one part state choose many representatives chosen number citizens part state manner proportion representatives constituents remain invariably electors federal representatives rich poor learned ignorant haughty heirs distinguished names humble sons obscure unpropitious fortune electors great body people may possible draw congressional districts mathematical precision excuse ignoring constitution plain objective making equal representation equal numbers people fundamental goal house representatives high standard justice common sense founders set us reversed remanded footnotes wesberry vandiver supp deem colegrove green precedent dismissal based nonjusticiability political question involving congress deem strong authority dismissal want equity following factors involved considered balance political question involving coordinate branch federal government political question posing delicate problem difficult solution without depriving others right vote district unless redistrict state relief may forthcoming properly apportioned state legislature relief may afforded congress omitted justice rutledge colegrove believed exercise equitable discretion refuse relief shortness time remaining next election makes doubtful whether action taken time secure petitioners effective relief seek later separate opinion emphasized vote colegrove based particular circumstances case cook fortson cf also wood broom times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators art house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature representatives direct taxes shall apportioned among several may included within union according respective numbers shall determined adding whole number free persons including bound service term years excluding indians taxed three fifths persons actual enumeration shall made within three years first meeting congress within every subsequent term ten years manner shall law direct number representatives shall exceed one every thirty thousand state shall least one representative art provisions apportioning representatives direct taxes amended fourteenth sixteenth amendments respectively reach arguments georgia statute violates due process equal protection privileges immunities clauses fourteenth amendment late seven still conducted congressional elections large see paschal house representatives grand depository democratic principle law contemp prob records federal convention farrand ed hereafter cited farrand james madison took careful complete notes convention believed interpreting constitution later generations consider history adoption defects deformities diseases ominous prospects convention provide remedy never overlooked expounding appreciating constitutional charter remedy provided see benjamin franklin pennsylvania elbridge gerry massachusetts alexander hamilton new york rufus king massachusetts james madison virginia hugh williamson north carolina james wilson pennsylvania luther martin maryland declared equal treat confederate give equality votes without giving liberty propositions table system slavery masts votes please without miraculous union ten nothing gain one ten make compleat masters rest alexander martin north carolina luther martin maryland gunning bedford delaware gunning bedford delaware said told dictatorial air last moment fair trial favor good government large dare dissolve confederation small ones find foreign ally honor good faith take hand justice elbridge gerry massachusetts george mason virginia urged accommodation preferable appeal world different sides talked gentlemen see see roger sherman william samuel johnson emphasis original free persons bound service term years counted determining representation indians taxed counted three fifths persons slaves included computing populations art also every state least one representative ibid farrand thought one branch represent wealth told roger sherman connecticut number people alone best rule measuring wealth well representation legislature governed wealth obliged estimate numbers rejected thinking supported proposal limit western representation suggested statement gouverneur morris pennsylvania busy haunts men remote wilderness proper school political talents rotten boroughs long since disappeared great britain today permanent parliamentary boundary commissions recommend periodic changes size constituencies population shifts statutory standards commissions operate see house commons redistribution seats acts geo second schedule eliz schedule see works alexander hamilton lodge ed statement new york ratifying convention federalist cooke ed question authorship numbers see federalist lodge ed generally believed madison author see federalist cooke ed xxvii federalist van doren ed brant settling authorship federalist hist rev see debates several state conventions adoption federal constitution elliot ed fisher ames massachusetts convention hereafter cited elliot oliver wolcott connecticut william richardson davie north carolina charles pinckney south carolina times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators art see elliot francis dana massachusetts convention rufus king massachusetts james madison virginia works james wilson andrews ed federalist cooke ed justice clark concurring part dissenting part unfortunately join neither opinion dissent brother harlan true opening sentence art constitution provides representatives chosen people several however view brother harlan clearly demonstrated historical background language preclude finding art lays ipse dixit one person one vote congressional elections hand agree majority congressional districting subject judicial scrutiny held ever since smiley holm buttressed two companion cases koenig flynn carroll becker majority colegrove green felt upon authority smiley complaint presented justiciable controversy reserved exclusively congress colegrove green baker carr opinion recognized smiley settled issue favor justiciability questions congressional redistricting therefore agree brother harlan supervisory power granted congress art exclusive remedy examine georgia congressional districts requirements equal protection clause fourteenth amendment brother black said dissent colegrove green supra equal protection clause fourteenth amendment forbids discrimination permit pick certain qualified citizens groups citizens deny right vote one deny equal protection clause also prohibit law expressly give certain citizens others full vote discriminatory legislation seems exactly kind equal protection clause intended prohibit trial however pass upon merits case although appear make finding fifth district georgia grossly balance congressional districts state instead proceeding merits dismissed case lack equity believe erred view therefore vacate judgment remand case hearing merits hearing apply standards laid baker carr supra enter additional caveat general assembly georgia legislature recently reapportioned result order district toombs fortson supp addition assembly created joint congressional redistricting study committee working problem congressional redistricting several months general assembly currently session remand trial opinion likelihood general assembly reapportioning state appropriate manner believe coercive relief deferred general assembly opportunity georgia laws extra sess justice harlan dissenting expected witness day render decision casts grave doubt constitutionality composition house representatives exaggeration say effect today decision holding constitution requires select representatives either elections large elections districts composed nearly practicable equal population places jeopardy seats almost members present house representatives last congressional election representatives elected congressional districts five difference populations largest smallest districts exceeded persons difference magnitude size districts average population state less presumably equality among districts nearly practicable although reveal definition phrase thus today decision impugns validity election representatives leaving constitutional house members sitting demonstration avoided justify rendering decision effect inescapably see declare constitutionally defective composition coordinate branch federal government opinion fails make demonstration unsound logically face demonstrably unsound historically coming grips reasoning carries extraordinary consequences important firmly mind provisions article constitution control case section house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature representatives direct taxes shall apportioned among several may included within union according respective numbers shall determined adding whole number free persons including bound service term years excluding indians taxed three fifths persons actual enumeration shall made within three years first meeting congress within every subsequent term ten years manner shall law direct number representatives shall exceed one every thirty thousand state shall least one representative section times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators section house shall judge elections returns qualifications members congressional representatives apportioned among several largely entirely according population plenary power select allotted representatives accordance method popular election please subject supervisory power congress supervisory power congress exclusive ii disclaiming reliance provisions constitution particular fourteenth amendment appellants relied holds provision art election representatives people means congressional districts nearly practicable equal population ante pp stripped rhetoric historical context ante bears little resemblance evidence found pages history see infra pp opinion supports holding bland assertion principle house representatives elected people cast aside vote worth one district another ante congressional districts within state electing single representative equal population fact however georgia representatives elected people georgia representatives elected people several constitution requires although finds necessity artificial construction article undoubted importance right vote right involved case appellants vote talk debasement dilution vote model circular reasoning premises argument feed conclusion moreover focusing exclusively numbers disregard area shape congressional district well party affiliations within district deals abstractions recognized even politically unsophisticated little relevance realities political life event sentence art exclusively relies confers right vote representatives state found qualified vote members numerous branch state legislature supra far article concerned within state power confer right persons wealth particular sex state chose living specified areas state georgia find residents fifth district unqualified vote representatives state house representatives vote representatives congress according express words art provisions constitution course relevant far art concerned disqualification within georgia power sentence prevents georgia apportioning representatives chooses truth purports find support position third paragraph art provides apportionment representatives among appearance support section derives confusion two issues direct election representatives within apportionment representatives among issues distinct separately treated constitution fallacy reasoning regard illustrated slide obscured intervening discussion see ante pp intention delegates philadelphia convention allocating congressmen number assigned state determined solely number state inhabitants ante principle solemnly embodied great compromise equal representation house equal numbers people ante delegates former intention made clear provision although many perhaps also believed generally assuredly precise formalistic way majority within representation based population surreptitiously slip belief constitution phrase people discovered years later like shakespearian anagram far supporting apportionment representatives among shows blindly marched decision representatives apportioned among basis free population plus slave population since slave voted inclusion number basis apportionment gave favored representation far excess voting population slaves intended without representation article exactly says prohibited weighted vote voters slave alternatively might thought representatives elected free men state speak also slaves since slaves added representation state representatives slave thought speak slaves indicating convention believed possible representative elected one group speak another nonvoting group representatives large degree still thought speaking whole population state basis demonstrating hollowness assertion article requires one man vote congressional election worth much another ante nothing today disturb fact although population average congressional district alaska nevada wyoming representative congress although respective populations entire disregard population art guarantees every state least one representative whimsical assert face guarantee absolute principle equal representation house equal numbers people solemnly embodied article provision bases representation house generally entirely population provision representation state house representatives mere exception principle framed majority shows principle found finally array hurdles decision surmounts knocking art simply times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators emphasis added iii dubious propriety turning historical context constitutional provisions speak consistently plainly one might expect constitution free ambiguity surrounding history makes already clear even clearer repeatedly emphasizes delegates philadelphia convention frequently expressed view representation based population also however many statements favoring limited monarchy property qualifications suffrage expressions disapproval unrestricted democracy expressions prove little one side case whatever dominant political philosophy convention one thing seems clear last degree unlikely even many delegates subscribed principle one person one vote ante moreover statements approving representation focused problem representation apportioned among house representatives great compromise concerned representation congress discussion surrounding basis representation house discussion whether representatives elected legislatures people nothing suggests even remotely delegates mind problem districting within state subject districting within discussed explicitly reference provisions art pointedly neglects delegates referred rotten borough apportionments state legislatures kind objectionable governmental action constitution tolerate election congressional representatives ante remarks madison cited follows necessity genl govt supposes state legislatures sometimes fail refuse consult common interest expense local conveniency prejudices policy referring appointment house representatives people legislatures supposes result somewhat influenced mode sic view question seems decide legislatures uncontrouled right regulating times places manner holding elections words great latitude impossible foresee abuses might made discretionary power whether electors vote ballot viva voce assemble place place divided districts meet one place shd vote representatives district vote number allotted district many points depend legislatures sic might materially affect appointments whenever state legislatures favorite measure carry take care mould regulations favor candidates wished succeed besides inequality representation legislatures particular produce like inequality representation natl legislature presumable counties power former case secure latter danger giving controuling power natl legislature emphasis added materials supplementary debates unequivocal ratifying conventions suggestion provisions art restricted power prescribe conduct elections conferred art none references ratification debates supports view provision election representatives people intended application apportionment representatives within instance cited passage merely repeats constitution provides representatives elected people sharp contrast unanimous silence issue case art discussed repeated references apportionment related problems affecting selection representatives connection art debates ratifying conventions clearly madison statement philadelphia convention supra pp indicate state legislatures subject ultimate control congress district chose massachusetts convention judge dana approved gave congress power prevent state legislature copying great britain borough two three cottages right send two representatives parliament birmingham large populous manufacturing town lately sprung send one noted rhode island legislature adopting plan deprive towns newport providence weight king noted situation connecticut hartford one largest towns sends delegates one smallest corporations south carolina back parts carolina increased greatly since adoption constitution frequently attempted alteration unequal mode representation members charleston balance much favor consent alteration see delegates carolina congress always chosen delegates city king stated power congress necessary control case otherwise said representatives state south carolina chosen people representatives faction state parsons explicit parsons contended vesting congress powers contained section art powers necessary preserving union also securing people equal rights election state legislatures might make unequal partial division districts election representatives might even disqualify one third electors without powers congress people remedy section provides remedy controlling power legislature composed senators representatives twelve without influence commotions factions hear impartially preserve restore people equal sacred rights election perhaps objected supposed opposition interests federal legislature may never agree upon regulations regulations necessary interests people never opposed interests either branches federal legislature interests people require mutual powers legislature preserved unimpaired order balance government indeed congress never agree regulations certainly objection section remain regulations introduced state legislatures governing rule elections congress agree upon alterations emphasis added resolved nothing constitution shall construed prevent legislature state pass laws time time divide state many convenient districts state shall entitled elect representatives congress prevent legislature making provision electors district shall choose citizen shall inhabitant district term one year immediately preceding time election one representatives state virginia convention discussion madison stated unequivocally looked solely section prevent unequal districting thought regulation time place manner electing representatives uniform throughout continent might regulate elections principles equality others might regulate otherwise diversity obviously unjust elections regulated unequally particularly south carolina respect charleston represented thirty members people state means deprived right suffrage judged proper remedied general government found impossible fix time place manner election representatives constitution found necessary leave regulation first place state governments best acquainted situation people subject control general government order enable produce uniformity prevent dissolution considering state governments general government distinct bodies acting different independent capacities people thought particular regulations submitted former general regulations latter exclusively control state governments general government might easily dissolved regulated properly state legislatures congressional control probably never exercised power appears satisfactory unlikely abused part constitution emphasis added north carolina convention discussion steele pointed state legislatures initial power regulate elections north carolina legislature regulate first election least think proper responding suggestion congress favor seacoast asserted courts uphold people obey laws inconsistent constitution particular possibilities steele mind apparently congress might attempt prescribe qualifications electors make place elections inconvenient steele concerned danger congressional usurpation authority power belonging section mentioned pennsylvania convention james wilson described art placing hands state legislatures power regulate elections retaining congress power make regulations lest general government lie prostrate mercy legislatures several without power wilson stated state governments might make improper regulations make regulations section mentioned neither numbers federalist quotes ante pp fairly supports holding madison merely stated assumption philadelphia population entitle two representatives answering argument congressional constituencies large good government discussed inclusion slaves basis apportionment said agreed sides numbers best scale wealth taxation proper scale representation statement offered simply show slave population reasonably included basis apportionment direct taxes excluded basis apportionment representation number federalist madison pointed fundamental cleavage article made apportionment representatives among selection representatives within state fundamental principle proposed constitution aggregate number representatives allotted several determined federal rule founded aggregate number inhabitants right choosing allotted number state exercised part inhabitants state may designate qualifications right suffrage depend perhaps two difference material every state certain proportion inhabitants deprived right constitution state included census foederal constitution apportions representatives point view southern might retort complaint insisting principle laid convention required regard policy particular towards inhabitants consequently slaves inhabitants admitted census according full number like manner inhabitants policy admitted rights citizens alleged election law framed inserted constitution always applicable every probable change situation country therefore denied discretionary power elections exist somewhere presume readily conceded three ways power reasonably modified disposed must either lodged wholly national legislature wholly state legislatures primarily latter ultimately former last mode reason preferred convention submitted regulation elections federal government first instance local administrations ordinary cases improper views prevail may convenient satisfactory reserved national authority right interpose whenever extraordinary circumstances might render interposition necessary safety emphasis added upshot language art surrounding text relevant history strong consistent direct contradiction holding constitutional scheme vests plenary power regulate conduct elections representatives order protect federal government provides congressional supervision exercise power within scheme appellants right assert absence provision equal districts georgia legislature congress constitutional right creates manufactured whole cloth iv unstated premise conclusion quite obviously congress dealt believes deal problem congressional apportionment accordance believes sound political principles laying aside moment validity consideration factor constitutional interpretation becomes relevant examine history congressional action art history reveals simply undertaking exercise power constitution reserves congress also overruling congressional judgment congress exercised power regulate elections house representatives first time provided representatives entitled one representative elected districts contiguous territory one district electing one representative requirement later dropped reinstated congress required representatives elected districts composed contiguous territory containing nearly practicable equal number inhabitants one district electing one representative provision equal districts exactly duplicates effect carried forward subsequent apportionment statute reapportionment following census provision equally populated districts dropped revived although provisions apportionment twice amended made generally applicable subsequent censuses apportionments legislative history act carefully reviewed wood broom stated manifestly intention congress provision compactness contiguity equality population respect districts created pursuant reapportionment act appears terms act legislative history shows omission deliberate question considered debates apportionment subsequent congresses generally unhelpful explain continued rejection requirement intimations feeling districting matter exclusively persisted bills imposed requirement equally nearly equally populated districts regularly introduced house none became law period years therefore congress repeated legislative act imposed requirement congressional districts equal population course requirement declares constitutionally required along without implementing legislation subsequently giving express attention problem congress eliminated requirement intention permitting find solutions since despite repeated efforts obtain congressional action congress continued leave problem solution contended therefore decision today fills gap left congress contrary substitutes judgment congress extent departs accepted principles adjudication evidenced irrelevance today issue cases relies ex parte yarbrough habeas corpus proceeding sustained validity conviction group persons charged violating federal statutes made crime conspire deprive citizen federal rights particular right vote issue whether congress power pass laws protecting right vote member congress fraud violence relied expressly art sustaining power context order establish right vote congressional election right protected federal law hold right dependent constitution law indeed recognized constitution adopts qualification furnished qualification electors members congress three cases cited ante similarly involved acts prosecuted violations federal statutes acts question filing false election returns mosley alteration ballots false certification votes classic stuffing ballot box saylor none cases slightest bearing present situation gives scant attention merits colegrove green directly point affirmed dismissal complaint alleging reason subsequent changes population congressional districts election representatives congress created illinois laws lacked compactness territory approximate equality population leaving another day question baker carr actually decide hardly maintained authority baker anything else today invalidate justice frankfurter eminently correct statement colegrove constitution conferred upon congress exclusive authority secure fair representation popular house congress failed exercising powers whereby standards fairness offended remedy ultimately lies people problem described justice frankfurter aspect government judiciary view involved excluded clear intention constitution ibid justice frankfurter course speak majority colegrove refusal reason give opinion precedential effect justify refusal give appropriate attention views expressed vi today decision portents society recognized case vindicates kind individual rights assured due process clause fourteenth amendment whose vague contours rochin california course leave much room constitutional developments necessitated changing conditions dynamic society case emergent set facts requires frame new principles protect recognized constitutional rights claim judicial relief case strikes one fundamental doctrines system government separation powers upholding claim attempts effect reforms field constitution plainly committed exclusively political process less branches government bound constitution constitution confer blanket authority step every situation political branch may thought fallen short stability institution ultimately depends upon alert keep branches government within constitutional bounds equally upon recognition limitations functions constitutional system done today saps political process promise judicial intervention matters sort encourage popular inertia efforts political reform political process inevitable result process weakened yielding demand judicial remedy instance view disservice broader values system government believing complaint fails disclose constitutional claim affirm judgment dismissing complaint appendix opinion justice harlan difference state largest number largest smallest smallest representatives district district districts difference state largest number largest smallest smallest representatives district district districts populations districts based census districts used election current congress populations districts available biographical section congressional directory sess representatives elected large alabama alaska delaware hawaii nevada new mexico vermont wyoming addition connecticut maryland michigan ohio texas elected one representatives large five iowa maine new hampshire north dakota rhode island together elect representatives populations largest smallest districts state difference contained appendix opinion state average population per district greater connecticut average population per district one representative elected large difference largest smallest districts connecticut however nearly practicable formula sweeps host questions rug great difference populations various districts within state tolerable standard absolute relative one latter difference population related number districts within state relevance number voters number inhabitants controlling relevant statistic greatest disparity two districts state average departure average population per district little may state consider factors area natural boundaries rivers mountain ranges plainly relevant practicability effective representation obvious lack criteria answering questions points impropriety entrance political arena constitutional representatives coming eight elected representatives large plus one elected large connecticut maryland michigan ohio texas coming difference populations largest smallest districts less see notes supra since difference largest smallest districts iowa average population per district iowa iowa representatives might well lose seats well leave house representatives composed representatives elected large plus eight elected congressional districts conclusions presume representatives state part congressional districting found invalid affected course ordinarily come districts populations result apportionment based solely population erase districts conform standard announced today since invalidation districts require lines districts within state redrawn absence reapportionment representatives state found violated standard presumably elected large since believe constitution expressly provides state legislatures congress shall exclusive jurisdiction problems congressional apportionment kind involved case occasion consider whether absence provision provisions constitution relied appellants confer rights assert although held ex parte yarbrough subsequent cases right vote member congress depends constitution opinion noted legislatures prescribe qualifications electors legislatures thereby electors house representatives see ante infra pp ratified constitution exercised power property taxpaying qualification effect almost everywhere see new york constitution art vii restricted vote freeholders possessing freehold value twenty pounds rented tenement yearly value forty shillings rated actually paid taxes state constitutional statutory qualifications electors various set tabular form thorpe constitutional history american people progressive elimination property qualification described sait american parties elections penniman time revolution serious inroads yet made upon privileges property indeed maintained second line defense form high qualifications required membership legislature omitted women allowed vote thorpe op supra see generally sait op supra new jersey apparently allowed women inhabitants vote see thorpe op supra compare art xiii art ii even strictly true unless word solely deleted compromise departure principle representation according number inhabitants state cf federalist discussed infra pp obvious departure provision state shall representative regardless population see infra pp fact delegates able agree senate composed entirely without regard population departures house mentioned note supra indicates recognized possibility alternative principles combined political reality might dictate conclusions inconsistent abstract principle absolute numerical equality apportionment state legislatures time constitutional convention see luce legislative principles hacker congressional districting surely beyond debate constitution require slave apportion representatives according dispersion slaves within borders implications compromise recognized madison see federalist discussed infra pp luce points quite arbitrary grant representation proportionate three fifths number slaves evidence even house representation men men intended shadow question populations accepted measure material interests landed agricultural industrial commercial short property legislative principles bureau census census population hereafter census xiv figure obtained dividing population base excludes population district columbia population territories number indians taxed number representatives population base number representatives census section article provides house shall judge elections returns qualifications members also points away conclusion provision reinforces evident constitutional scheme leaving congress protection federal interests involved selection members congress farrand records federal convention hereafter farrand ii farrand assemblage philadelphia convention means committed popular government delegates sympathy habits institutions democracy indeed interpreted democracy mob rule assumed equality representation permit spokesmen common man outvote beleaguered deputies uncommon man hacker congressional districting see luce legislative principles respect apportionment house luce property basis humanity contrary statement ante reader federalist fairly taken mean constitutional convention adopted principle one person one vote contravention qualifications electors imposed madison said fundamental principle proposed constitution aggregate number representatives allotted several determined foederal rule founded aggregate number inhabitants right choosing allotted number state exercised part inhabitants state may designate every state certain proportion inhabitants deprived right constitution state included census foederal constitution apportions representatives cooke ed italics added passage quotes ante concludes following overlooked electors exercise right every state electing correspondent branch legislature state references old sarum ante example occurred debate method apportionment representatives among farrand ii farrand ibid see materials cited notes opinion ante ames remark massachusetts convention typical representatives represent people ii elliot debates federal constitution ed hereafter elliot debates south carolina convention pinckney stated house chosen represent due proportion people union iv elliot debates mind clear provision constitution representation apportioned among according population none remarks bears apportionment within ii elliot debates ibid ibid iii elliot debates iv elliot debates ibid ibid ii elliot debates federalist cooke ed act june stat act may stat act july stat act stat act stat act stat act stat act stat act june stat act apr stat act stat introduced mar cong rec cong rec cong rec remarks dickinson congressional record reports statement followed applause another point debates representative lozier stated congress lacked power determine manner several exercise sovereign rights selecting representatives congress cong rec see also remarks graham ibid see cong rec remarks rankin remarks mcleod remarks mcleod cong rec remarks moser sess sess sess sess sess sess sess sess sess sess typical recent proposed legislation amends provide state entitled one representative congress apportionment provided subsection section shall establish representative district composed contiguous compact territory number inhabitants contained within district established shall vary per centum number obtained dividing total population established last decennial census number representatives apportioned state provisions subsection section representative elected congress district conform requirements set forth subsection section shall denied seat house representatives clerk house shall refuse credentials similar bills introduced current congress sess smiley holm two companion cases koenig flynn carroll becker brother clark relies separate opinion ante pp equally irrelevant smiley holm presented two questions first answered negative whether provision art empowered legislature state prescribe regulations congressional elections meant state law provide governor veto regulations prescribed legislature second question concerned two congressional apportionment measures whether act june stat repealed certain provisions act stat answering question concerned carry intention congress enacting act see quite obviously therefore smiley holm stand proposition brother clark derives slightest intimation case congress power prescribe regulations elections subject judicial scrutiny ante prescribe regulations congressional elections disregard even contradiction congressional purpose companion cases smiley holm presented different issues decided wholly basis decision case relies part baker carr supra immunize present decision force colegrove nothing baker contradictory view political question objections justiciability aside constitution vests exclusive authority deal problem case state legislatures congress justice stewart think established power afford relief case type objection issues justiciable subscribe possible implication contrary may lurk justice harlan dissenting opinion single qualification join dissent think justice harlan unanswerably demonstrated art constitution gives mandate ordain congressional districts within state must equal population quotation justice rutledge concurring opinion colegrove green