whitcomb chavis argued december decided june suit brought residents marion lake counties indiana challenging state statutes establishing marion county district election state senators representatives alleged first laws invidiously diluted votes negroes poor persons living ghetto area marion county second voters districts overrepresented since true test voting power ability cast vote voters districts greater theoretical opportunity cast votes voters districts tendency district legislators vote bloc alleged compound discrimination though ruling squarely second claim determined racial minority group specific legislative interests inhabited ghetto area indianapolis marion county statutes operated minimize cancel voting strength minority group redistricting marion county alone leave impermissible variations marion districts others state thus requiring statewide redistricting await census figures held statutes unconstitutional gave state october enact reapportionment legislation legislation ensued drafted plan using districts throughout state elections ordered held accordance new plan granted stay judgment pending final action appeal thus permitting elections held condemned statutes statutes based census maximum variance population senate districts ratio largest smallest districts maximum variance house districts ratio held judgment reversed case remanded pp supp reversed remanded justice white delivered opinion respect parts finding although advised june indiana legislature enacted new apportionment legislation providing statewide house senate districts case moot pp validity districts justiciable challenger burden proving districts unconstitutionally operate dilute cancel voting strength racial political groups pp actual distinguished theoretical impact districts individual voting power sufficiently demonstrated record warrant departure prior cases involving districts neither findings record sustains view districts overrepresent voters compared voters districts even legislative delegation tends bloc voting pp appellees claim fact number ghetto residents legislators proportionate ghetto population proves invidious discrimination notwithstanding absence evidence ghetto residents less opportunity participate political process valid record malproportion due ghetto voters choices losing election contests pp trial conclusion respect unique interests ghetto residents invidiously underrepresented due lack legislative voice supported findings moreover even assuming bloc voting county delegation contrary ghetto majority wishes constitutional violation since situation inheres political process whether district districts proved inherently invidious violative equal protection even assuming unconstitutionality clear remedy system lines drawn ensure representation sizable racial ethnic economic religious groups pp district erred brushing aside entire state apportionment policy without solid constitutional equitable grounds without considering limited alternatives pp justice white joined chief justice justice black justice blackmun concluded part vii improper district order statewide redistricting basis excessive population variances legislative districts shown record ordered reapportionment population shifts since decision upholding statutory plan disparities shown excessive intervening decisions pp justice douglas joined justice brennan justice marshall concluded respect redistricting entire state impermissible population variances districts current apportionment plan new marion county districts also impermissible variances thus requiring statewide redistricting pp william thompson assistant attorney general indiana argued cause appellant briefs theodore sendak attorney general richard johnson chief deputy attorney general james manahan argued cause appellees brief james beatty john banzhaf iii william scott attorney general francis crowe herman tavins assistant attorneys general filed brief state illinois amicus curiae urging reversal joined following attorneys general macdonald gallion alabama kent edwards alaska gary nelson arizona duke dunbar colorado richard turner iowa summer mississippi robert woodahl montana gordon mydland south dakota crawford martin texas vernon romney utah chauncey browning west virginia charles morgan reber boult david vann melvin wulf filed brief aclu foundation et al amici curiae urging affirmance justice white delivered opinion respect validity election district marion county indiana parts together opinion part vii chief justice justice black justice blackmun joined propriety ordering redistricting entire state indiana announced judgment us case validity equal protection clause statutes districting apportioning state indiana general assembly elections principal issue centers provisions constituting marion county includes city indianapolis district electing state senators representatives indiana bicameral general assembly consisting house representatives members senate members eight senatorial districts house districts districts districts represented two legislators elected large voters district statutes challenged marion county district electing eight senators members house january six residents indiana five residents marion county filed suit described attacking constitutionality two statutes state indiana provide districting large general assembly seats marion county indiana plaintiffs chavis ramsey bryant alleged two statutes invidiously diluted force effect vote negroes poor persons living within certain marion county census tracts constituting termed ghetto area residents area alleged particular demographic characteristics rendering cognizable minority interest group distinctive interests specific areas substantive law districting said ghetto area elect three members house one senator whereas present districting voters area almost political force control legislators effect vote cancelled contrary interest groups marion county mechanism political party organization influence party chairmen nominating candidates additional factors alleged frustrate exercise power residents ghetto area plaintiff walker negro resident lake county also district smaller one alleged invidious discrimination lake county negroes marion county negroes although greater number lake county negroes opportunity influence election legislators lake county negroes claim marion county larger population thus approximately assembly seats lake county voter influence vary inversely population permitting marion county voters elect assemblymen large gave disproportionate advantage voters lake county two remaining plaintiffs presented claims issue convened tried case june documentary evidence oral testimony taken concerning composition characteristics alleged ghetto area manner legislative candidates chosen residence tenure performance marion county delegation indiana general assembly filed opinion containing findings conclusions july holding plaintiffs chavis whitcomb supp sd ind see also supp orders supp statewide reapportionment plan implementing order sum concluded marion county district must disestablished population disparities directly related phenomena alleged complaint entire state must redistricted particularly first determined racial minority group inhabited identifiable ghetto area indianapolis area located northern half center township termed center township ghetto comprised contiguous census tracts parts four others area contained population nonwhites negro whites proceeded compare six tracts representative area tract predominantly white relatively wealthy suburban census tract washington township contiguous northwest corner ghetto area tract also washington township contiguous tract inhabited middle class negroes strong differences found terms housing conditions income educational levels rates unemployment juvenile crime welfare assistance contrasting characteristics ghetto area inhabitants one hand tracts indicated ghetto compelling interests legislative areas urban renewal rehabilitation health care employment training opportunities welfare relief poor law enforcement quality education measures interests addition ghetto shared rest county metropolitan transportation flood control sewage disposal education turned evidence showing residences marion county representatives senators five general assemblies elected period excluding tract middle class negro district washington township relatively wealthy suburban area tract located average marion county population residence senators representatives center township ghetto area population senators representatives nonghetto area center township population done little better also tract alone middle class negro district county population residence representatives ghetto area ghetto area represented senate one senator house three times one representative two representatives general assembly found negro center township ghetto population sufficiently large elect two representatives one senator ghetto tracts specific legislative districts marion county data found gross inequity representation determined residence legislators washington township tract one hand center township center township ghetto area also characterized marion county general assembly delegation tending coalesce take common positions proposed legislation largely result election large common constituency obviates representation substantial though minority interest group within common constituency ibid related findings rule candidate elected marion county unless party carried election county political organizations substantial influence selection election assembly candidates influence diminished districting well upon actions county delegation assembly elections made difficult conscientious voter make rational selection conclusions law merits may summarized follows exists within marion county identifiable racial element negro residents center township ghetto special interests various areas substantive law diverging significantly interests nonresidents ghetto voting strength racial group minimized marion county senate house district strong control exercised political parties selection candidates inability negro voters assure opportunity vote prospective legislators choice absence particular legislators accountable legislative record negro voters party control nominations inability voters know candidate responsibility legislators party county large make difficult legislator diverge majority delegation effective representative minority ghetto interests although legislator marion county arguably responsible voters including ghetto artial responsiveness legislators equal total responsiveness informed concern specific legislators apportionment statutes indiana relate marion county operate minimize cancel voting strength minority racial group namely negroes residing center township ghetto deprive equal protection laws legislative district marion county large compared total number legislators subdistricted insure distribution legislators county comprises district house senate see burns richardson redistrict marion county alone leave impermissible variations marion county districts districts state statewide redistricting required await census figures estimated available within year may possible indiana general assembly comply state constitutional requirement prohibiting crossing dividing counties senatorial apportionment still meet requirements equal protection clause adumbrated recent cases plaintiff walker claim negro voter resident lake county discriminated lake county negroes vote assemblymen marion county negroes vote deemed untenable second capacity general voter lake county walker probably received less effective representation marion county voters votes fewer legislators therefore fewer legislators speak since theory voting power districts vary inversely number voters marion county voters greater opportunity cast critical votes declined hold latter ground proved absent evidence concerning lake county respect consideration walker claim limited given uniform districting principle reapportioning indiana general assembly turning proper remedy found redistricting marion county essential also although recognizing complaint directed marion county thought must act evidence indicating entire state required reapportionment judgment withheld respects however give state october enact legislation remedying improper districting malapportionment found exist thought state might wish give consideration certain principles legislative apportionment brought trial proceedings first eschewed indication negroes living ghetto entitled certain number legislators districts drawn eye color blind sophisticated gerrymandering countenanced second legislature advised keep mind theoretical advantage inhering voters districts theoretical opportunity cast deciding votes legislative election referring testimony delegations disproportionately power districts thought testimony application also member bloc delegation responsible voter majority elected whole marion county voter greater voice legislature legislators speak comparable voter district districts thought equalize voting power among districts well avoiding diluting political racial groups located districts therefore recommended general assembly give consideration uniform district principle making apportionment october judicially noticed indiana general assembly called redistrict reapportion state following hearings examination various plans submitted parties drafted adopted plan based census figures respect marion county followed plaintiffs suggested scheme said protect legally cognizable racial minority group dilution voting strength supp sd ind districts employed throughout state county lines crossed necessary judicial notice taken location nonwhite population establishing district lines metropolitan areas state plan expressly aimed giving recognition cognizable racial minority group whose grievance lead sic litigation enjoined state officials conducting elections existing apportionment statutes ordered elections held accordance plan prepared jurisdiction retained pass upon future claims unconstitutionality respect future legislative apportionments adopted state appeal taken following final judgment noted probable jurisdiction state motion stay judgment granted pending final action case thus permitting elections held existing apportionment statutes declared unconstitutional district june advised parties indiana legislature passed governor signed new apportionment legislation soon become effective elections new legislation provides house senate districts throughout state including marion county ii elections long past appearance new legislation abolishing districts indiana issue mootness emerges neither party deems case mooted recent events appellees plaintiffs urge appeal dismissed moot judgment district vacated practice cases outstanding judgment invalidating marion county district new apportionment legislation conflict state constitutional provision forbidding division marion county purpose electing senators new senatorial districts invalidated state courts respect argued issue involved present litigation simply reappear decision attorney general state indiana appellant taking somewhat different tack urges issue marion county district moot since district retained jurisdiction pass legality subsequent apportionment statutes purpose among others determining whether alleged discrimination cognizable minority group remedied issue arise district erred invalidating districts indiana agree case moot central issues us must decided however pass upon details plan adopted district since plan event required revision light census figures iii line cases gray sanders reynolds sims kirkpatrick preisler wells rockefeller recognizes representative government essence medium elected representatives people every citizen inalienable right full effective participation political processes state legislative bodies reynolds sims since citizens find possible participate qualified voters electing representatives ull effective participation citizens state government requires therefore citizen equally effective voice election members state legislature ibid hence apportionment schemes give number representatives unequal numbers constituents unconstitutionally dilute value votes larger districts hence requirement seats houses bicameral state legislature must apportioned population basis question constitutional validity districts pressed since first modern reapportionment cases questions focused apportionment quality representation afforded district compared districts lucas colorado general assembly decided reynolds sims noted certain undesirable features district expressly withheld intimation apportionment schemes provide election number legislators county political subdivision constitutionally defective subsequently validity district squarely presented held district per se illegal equal protection clause fortson dorsey burns richardson kilgarlin hill see also burnette davis harrison schaefer voters districts vote represented legislators voters districts far demonstrated invidious discrimination latter deemed validity district systems justiciable recognizing also may subject challenge circumstances particular case may operate minimize cancel voting strength racial political elements voting population fortson burns tendency said enhanced district large elects substantial proportion seats either house bicameral legislature houses legislature lacks provision candidates running particular geographical fortson burns insisted challenger carry burden proving districts unconstitutionally operate dilute cancel voting strength racial political elements yet sustained attack iv plaintiffs level two quite distinct challenges marion county district first charge district bestows voters several unconstitutional advantages voters districts smaller districts allegation marion county district record case illegally minimizes cancels voting power cognizable racial minority marion county district sustained latter claim considered former sufficiently persuasive substantial factor prescribing uniform districts basic scheme plan see asserting discrimination voters outside marion county plaintiffs recognize fortson burns kilgarlin proceeded assumption dilution voting power suffered voter placed district times population another cured allocating legislators larger district instead one assigned smaller district plaintiffs challenge assumption voter legislator level demonstrate mathematically theory voting power vary inversely size district increase legislative seats proportion increased population gives undue voting power voter district since chances determine election outcomes voter district consequence obtains wholly aside quality effectiveness representation later furnished successful candidates district quarrel plaintiffs mathematics like district note position remains theoretical one plaintiffs witness conceded knowingly avoids take account political factors might affect actual voting power residents might include party affiliation race previous voting characteristics factors go entire political voting situation impact districts individual voting power sufficiently demonstrated least record warrant departure prior cases district impressed branch claim districts inherently discriminate districts assertion whatever individual voting power marion county voters choosing legislators may nevertheless effective representation indiana general assembly two reasons first voter represented legislators therefore theory least chances influence critical legislative votes second since delegations elected large represent voters entire district tend vote bloc tantamount district one representative several votes district squarely sustain position appears found sufficiently persuasive suggested uniform districting indiana legislature eliminated districts plan redistricting state see ready however agree districts wherever exist overrepresent voters compared voters districts even delegation tends bloc voting theory plural representation unduly enhances district power influence voters remains demonstrated practice operation legislature neither findings trial record us sustains even bloc voting posited fashioning relief appeared embrace idea member delegation influence legislators district findings fact fail deal actual influence marion county delegation indiana legislature plaintiffs evidence make showing bloc voting tended occur sustained record defendants witness thought advantageous marion county delegation stick together nothing demonstrates senators representatives marion county counted legislature members districts smaller districts anything findings indicating might true marion county also true districts indiana true districts generally moreover marion county less advantage advantage elected individual districts elected representatives demonstrated tendency may also develop among legislators representing districts widely scattered throughout state course advantageous start one vote bill nothing us shows suggests legislative skirmish affecting state indiana marion county particular come differently marion county subdistricted delegation elected districts rather squarely finding unacceptable discrimination voters favor marion county voters trial struck marion county district found scheme worked invidiously specific segment county voters compared others identified area city ghetto found predominantly inhabited poor negroes distinctive interests thought group unconstitutionally underrepresented proportion legislators residences ghetto elected less ghetto proportion population less proportion legislators elected washington township less populous district less ghetto likely elected county consisted districts find major deficiencies approach first needs emphasis civil war amendments designed protect civil rights negroes courts vigilant scrutinizing schemes allegedly conceived operated purposeful devices racial discrimination hesitation striking contrivances fairly said infringe fourteenth amendment rights sims baggett supp md smith paris supp md aff see gomillion lightfoot see also allen state board elections suggestion marion county district similar districts throughout state conceived operated purposeful devices racial economic discrimination plaintiffs concede basis asserting legislative districts indiana designed dilute vote minorities brief appellees plaintiffs accordingly circumstances lie outside reach decisions sims baggett supra fact number ghetto residents legislators proportion ghetto population satisfactorily prove invidious discrimination absent evidence findings ghetto residents less opportunity marion county residents participate political processes elect legislators choice discovered nothing record findings indicating poor negroes allowed register vote choose political party desired support participate affairs equally represented occasions legislative candidates chosen evidence purport show find inhabitants ghetto regularly excluded slates major parties thus denying chance occupying legislative seats appears reasonably clear republican party four five elections center township ghetto voted heavily democratic ghetto votes critical democratic party success although sure facts since ignored question seems unlikely democratic party afford overlook ghetto slating candidates clearly one election democrats party slated elected one senator one representative center township ghetto well one senator four representatives parts center township two representatives census tract within ghetto area described plaintiff indication party failed slate candidates satisfactory ghetto years absent evidence findings sure seems reasonable infer democrats elections even ghetto justifiable complaints representation fact however four five elections republicans party ghetto always slate ghetto candidates although nominated elected one representative two representatives area proper view case failure ghetto legislative seats proportion population emerges function losing elections bias poor negroes voting power ghetto residents may cancelled district held seems mere euphemism political defeat polls record us plaintiffs position comes although equal opportunity participate influence selection candidates legislators although ghetto votes predominantly democratic party slates candidates satisfactory ghetto invidious discrimination nevertheless results ghetto along democrats suffers disaster losing many elections typical american legislative elections races candidates two parties system one candidate wins others lose arguably losing candidates supporters without representation since men voted defeated arguably denied equal protection laws since legislative voice true districts yet deemed denial equal protection deny legislative seats losing candidates even safe districts party wins year year plainly district saw nothing unlawful impact typical district elections plan created districts giving republicans democrats several predictably safe general assembly seats political racial economic minorities districts unrepresented year year similar consequences flowing marion county district elections viewed differently conceding marion county voters fairly said represented entire delegation voter district winning candidate district thought ghetto voters claim partial allegiance eight senators representatives equivalent undivided allegiance one senator two representatives ghetto voters chance influencing election entire slate significant guarantee one ghetto senator two ghetto representatives trial saw ghetto voters adequately equally represented unless marion county general assembly seats reserved ghetto residents serving interests ghetto majority poor negroes ghetto underrepresented poor ghetto whites also voted democratic lost discriminated interest groups voters marion county allegiance democratic party conversely less represented republican areas voters years republican defeat think mere fact one interest group another concerned outcome marion county elections found outvoted without legislative seats provides basis invoking constitutional remedies indication segment population denied access political system another gap trial reasoning noted interest ghetto residents certain issues measurably differ voters presumably respects marion county assemblymen satisfactorily representative ghetto matters ghetto residents unique interests necessarily shared others community issues ghetto residents invidiously underrepresented absent legislative voice policy views part difficulty conclusion findings failed support plaintiffs evidence purported show disregard ghetto distinctive interests defendants claimed quite contrary see nothing findings district indicating recurring poor performance marion county delegation respect center township ghetto nothing show ghetto interests particular legislative situations nothing indicate outcome different assemblymen chosen districts moreover even assuming bloc voting delegation contrary wishes ghetto majority follow fourteenth amendment violated unless invidiously discriminatory county elect delegation majority vote based party candidate platforms extent predetermine legislative votes particular issues tendencies inherent government elected representatives surely elections districts visit precisely consequences supporters losing candidates whose views rejected polls district holding although facts case limited guaranteeing one racial group representation easily contained expressive general proposition group distinctive interests must represented legislative halls numerous enough command least one seat represents majority living area sufficiently compact constitute district approach make difficult reject claims democrats republicans members political organization marion county live safe districts district system one year another year year submerged district vote also union oriented workers university community religious ethnic groups occupying identifiable areas heterogeneous cities urban areas indeed difficult great many districts survive analysis district view unless combined voting arrangement proportional representation cumulative voting aimed providing representation minority parties interests least affirmance district spawn endless litigation concerning district systems widely employed country insensitive objections long voiced district plans although prevalent early history us since colonial times much evidence adoption fourteenth amendment criticism rooted aspects tendency submerge minorities overrepresent winning party compared party statewide electoral position general preference legislatures reflecting community interests closely possible disenchantment political parties elections devices settle policy differences contending interests chance winning significantly influencing intraparty fights elections seemed inadequate protection minorities political racial economic rather voice said also heard legislative forum public policy finally fashioned view however experience insight yet demonstrated districts inherently invidious violative fourteenth amendment surely findings district demonstrate moreover problems districts unbearable even unconstitutional clear remedy district system lines carefully drawn ensure representation sizable racial ethnic economic religious groups capacity overrepresenting underrepresenting parties interests even permitting minority voters control legislature government state short unprepared hold elections decided plurality vote unconstitutional either districts simply supporters losing candidates legislative seats assigned presently advised hold district misconceived equal protection clause applying invalidate marion county district vi even district correct finding unconstitutional discrimination poor inhabitants ghetto explain constitutionally compelled disestablish entire county district intrude upon state policy necessary ensure representation ghetto interests entered judgment without expressly putting aside supportable grounds alternative creating districts ghetto leaving district otherwise intact well possibility fourteenth amendment satisfied simple requirement candidates year must reside ghetto cf fortson dorsey supra likewise loss understand findings fact conclusions law justified eliminating every district state indiana forthrightly sustain theory districts always overrepresent voters invidious detriment residents examine district aside marion county possible intradistrict discrimination remedial powers equity must adequate task unlimited district erred broadly brushing aside state apportionment policy without solid constitutional equitable grounds vii time however reject defendant suggestion wrong ordering statewide reapportionment determining marion county required reapportionment concluded becomes clear beyond question evidence adduced case additional apportionment requirements set forth call redistricting entire state houses general assembly evidence based census figures showed senate district one senator overrepresented district one senator underrepresented total variance ratio largest smallest districts house figures similar variation ranged one representative district one district variance ratio variations excess nearly equal variation ratio held excessive state legislatures swann adams even convincing showing malapportionment refrained action order allow indiana legislature call special session purpose redistricting legislature ignored findings suggestion improper order statewide redistricting district courts done time reynolds sims companion cases decided see maryland committee fair representation tawes accept defendant argument statutory plan beyond attack district held time plan met substantial equality test reynolds stout bottorff supp sd ind defendant argue variances acceptable reynolds test considerably refined since decision see swann adams supra rather contends reynolds indicated decennial reapportionment rational approach problem state compelled reapportion period reading misconstrues thrust reynolds respect decennial reapportionment suggested presumptively rational method avoid daily monthly annual biennial reapportionment population shifted throughout state district order reapportionment result population shifts since stout decision disparities among districts thought permissible time decision shown intervening decisions excessive therefore reverse judgment district remand case proceedings consistent opinion ordered footnotes provisions attacked contained acts spec sess appearing ind ann stat follows apportionment representatives representatives shall elected districts comprised one counties one representatives follows district marion county fifteen representatives apportionment senators senators shall elected districts comprised one counties one senators follows nineteenth district marion county eight senators two elected plaintiffs trial appellees defendant whitcomb appellant shall refer parties opinion stood trial walker also alleged lake marion county indiana sufficient number negro sic voters inhabitants bloc vote said inhabitants change result election recently held mathematical basis assertion set detail complaint see also infra also alleged oth marion county lake county sole matter consideration two separate state legislative committees one directed affairs county laws enacted directly effect sic marion lake county typically apply one county app plaintiff marilyn hotz republican resident described white suburban belt marion county lying outside city indianapolis alleged malapportionment precincts party organization together districting invidiously diluted vote plaintiff rowland allan spelled allen district opinion independent voter alleged districting deprived chance make meaningful judgments merits individual candidates confronted list candidates party final arguments proposed findings fact conclusions law plaintiffs urged center township ghetto largely inhabited negroes distinctive interests whose bloc voting potential canceled opposing interest groups elections held marion county district negro legislators including three serving general assembly marion county chosen white voters unrepresentative ghetto negroes negroes given power opportunity choose assemblymen also urged power political well racial elements canceled every assembly election since one party seats two minor exceptions hence many voters numbers large enough geographically located command control one general assembly seats marion county subdistricted wholly without representation whichever way assembly election turned defendants argued marion county problems countywide delegation better represent various interests county elected large responsible county whole rather elected districts thus fragmented parochial interests jealousies also urged census figures unreliable basis redistricting marion county opposed suggestion apportionment whole state issue properly pleadings evidence ghetto defined residential area higher density population greater proportion substandard housing overall metropolitan area inhabited primarily racial minority groups lower average socioeconomic status whose residence area often result social legal economic restriction custom ghetto area congruent alleged complaint included five census tracts parts four others within ghetto area alleged complaint omitted census tract complaint included district contiguous tract ghetto area inhabited primarily negroes found middle class district differing substantially critical elements remainder ghetto also made unmistakably clear ghetto area represent entire ghettoized portion center township portion predominantly inhabited negroes alleged complaint although census tract tract randomly selected typify tracts within predominantly white ghetto portion center township shown characteristics similar tracts ghetto area except race inhabitants size configuration white ghetto area revealed findings see appendix opinion post striking typical example importance party affiliation winner take effect shown house representatives election democrats votes republicans votes neff cox bridwell hadley murphy baker dean burke creedon borst jones madinger dewitt clark logan bosma roland brown walton durnil huber gallagher costello cope fruits elder lloyd zerfas ricketts allen though nearly marion county voters cast nearly million votes house high low candidates within party varied thousand votes figures show republicans lost every seat though received vote plaintiffs exhibit first requirement implicit fortson dorsey burns richardson identifiable racial political element within district met negro residents center township ghetto negro residents interests areas substantive law housing regulations sanitation welfare programs aid families dependent children medical care etc garnishment statutes unemployment compensation among others diverge significantly interests nonresidents ghetto ibid district implicitly expressly rejected testimony defendants witnesses including professor political science effect marion county problems voters better served delegation sitting voting team responsible district large delegation elected districts split groups representing special interests article indiana constitution provides senatorial representative district one county shall constitute district shall composed contiguous counties county senatorial apportionment shall ever divided emphasis added see part vii infra second status find plaintiff walker voter indiana resides outside marion county applying uniform district principle discussed infra remedy section find probably received less effective representation marion county voters shown votes fewer legislators therefore fewer legislators speak also theoretically casts fewer critical votes marion county voters decline hold absence sufficient evidence factors bloc party voting lake county hold absence stronger evidence dilution remedy limited consideration given uniform district principle subsequent reapportionment indiana general assembly found failure proof behalf plaintiff hotz resident white suburban belt behalf plaintiff allan independent voter two plaintiffs entitled relief plaintiff chavis resided outside center township ghetto plaintiff ramsey failed show resident area plaintiff bryant addition qualified recognition given walker found standing sue entitled relief prayed see part vii infra governor appealed following opinion since time judgment entered injunction granted denied jurisdiction appeal therefore dismissed gunn university committee trial discussion subject may found also provided possibility legislature fail redistrict time elections indiana constitutional provision staggering terms senators senate terms expire every two years entirely proper valid mandatory legislatively devised redistricting plan however plan adopted herein provisional nature probably applicable election subsequent period true since census completed interim legislature well redistrict prior election hand conceivable legislature may fail redistrict elections event fifty senatorial seats shall election every two years time legislature properly redistricts properly province legislature redistricting determine senatorial districts shall elect senators terms shall elect senators terms reinstate staggering terms fortson reversed district found violation equal protection clause voters districts allowed select senator voters districts statutory scheme fortson provided subdistricting within county subdistrict residence exactly one senator however senator elected county large said sub district senator must resident sub district since tenure depends upon electorate must vigilant serve interests people county merely people home sub district thus fact county merely sub district senator question whether scheme operate minimize cancel voting strength racial political elements voting population presented burnette summarily affirmed district ruling mann davis supp ed upheld district consisting city richmond suburban henrico county objections urban negroes suburban whites since urban negroes appeal affirmance weight suburbanites represents adherence fortson similarly harrison summarily affirmed district reapportionment plan schaefer thomson supp wyo districts wyoming held necessary keep county splitting minimum burns vacated decree required districts except extraordinary circumstances burns noted demonstration particular scheme effects invidious result must appear evidence record kilgarlin affirmed per curiam district ruling insofar held appellants proved allegations texas house representatives reapportionment plan racial political gerrymander violating fourteenth amendment unconstitutionally deprived negroes franchise utilization floterial districts unconstitutional crazy quilt mathematical backbone theory follows population voters voter choice two alternatives candidates possible voting combinations example population three voters two candidates eight combinations cast vote tr plaintiffs brief recognizes issue obvious question foregoing presentation gives rise whether fact voter large district greater mathematical chance cast crucial vote practical significance brief appellees plaintiffs cf banzhaf weighted voting work mathematical analysis rutgers rev apparent district declined rule matter law district per se illegal giving invidious advantage district voters voters districts smaller districts see division much talked antagonistic bloc voting two camps may occur perhaps overemphasized see white thomas urban rural representation state legislative apportionment pol legislation dealing uniquely urban problems may routinely approved urban delegations agreement encounter insuperable difficulties delegations split internally see kovach lessons reapportionment reporter see appendix opinion post appear marion county district always operated exclude negroes poor legislature five general assemblies county center township ghetto one senator four representatives remainder township includes white ghetto elected one senator eight representatives census tract inhabited predominantly negroes different economic social characteristics according trial elected one senator five representatives ibid plaintiffs evidence indicated marion county whole elected two negro senators seven representatives years plaintiffs exhibit plaintiffs exhibit purported list names race parties general assembly candidates period concerned district exhibit purported show democratic party slated one negro representative one one senator two representatives three representatives one senator two representatives republican party slated one negro senator two representatives three representatives racial designations exhibit however excluded hearsay brief appellees plaintiffs indicates elections ne major political parties marion county held district conventions purposes determining legislative candidates slated candidates subsequently nominated primary black candidates filed slating conventions six fifteen marion county districts including five contain parts ghetto area two black candidates slated nominated including one district contains small part ghetto area black candidate overwhelmingly defeated white candidate race notwithstanding substantial white voting majority district almost entirely ghetto white candidate almost vote race black candidate campaigned primarily basis five candidates ghetto districts however avowed substantial commitment substantive interests black people poor one plaintiffs witnesses attorney political figure republican party testified follows experience allen tickets put together party organization appeal various interest groups throughout marion county yes among interest groups economic groups racial groups others yes show exhibit evidence showing location elected republican representatives homes time filed party primary somehow reflect interest making appeal conceivable faction family county area geographical interest yes explain yes may back stated real primary fight time selected candidates primary republican action committee real real strong geographical areas felt necessary come man slate many people lived center township including feel ready run public office therefore hiatus center township residents however many washington township residents believe least two washington township residents number family historical ties center township area even though live best committee ability tried achieve racial geographical economical social diversity ticket ca say entirely successful made real good attempt result attempts real hard driving effort put action committees take place residents center township drive center township population ignored tr see appendix opinion see ibid addition republicans nominated elected one senator three representatives census tract four representatives three one nonghetto area center township ibid although plaintiffs asserted finding district republican legislators residing ghetto representative area failed properly represent ghetto interests general assembly comparative merits two approaches metropolitan representation much mooted still contention see authorities cited infra particularly piece kovach series studies collins dauer david lacy mauer course witnesses trial differed issue tr david eisenberg study infra concluded case rigid insistence districting proved prefer system small districts metropolitan areas either larger district district thereby minimizing acknowledged shortcomings generally still suspense definitive judgment impact voting systems malapportionment legislative output sokolow reapportionment numbers policies pol supp dye politics economics public lockard politics state local government ed interestingly enough wright rockefeller challenge district plan districts allegedly drawn racial lines designed limit negroes voting candidates safe negro districts rejected challenge failure proof noted passing voters prefer even distribution minority groups among four congressional districts others like intervenors case argue strenuously kind districts appellants contended undesirable based race place origin unconstitutional plaintiffs final arguments district asserted political well racial economic discrimination workings marion county district political minority whether republicans democrats always shut opposing party wins tr see supra discussions voting systems designed achieve minority representation see dixon infra black theory elections constituencies economics pol sci silva relation representation party system number seats apportioned legislative district pol et seq bedford faces justice lakeman lambert voting democracies blair cumulative voting effective electoral device illinois politics studies social sciences november upper houses lower houses contained districts national municipal league apportionment nineteen sixties rev reported figures respectively klain new look constituencies need recount reappraisal pol sci rev though overall effect reapportionment cases phenomenon necessarily somewhat speculative doubt switched districts result decisions prior decisions example vermont lower house composed entirely districts resulted colorful situation one representative town another town national municipal league apportionment nineteen sixties pt reapportioned redistricted light reynolds vermont lower house districts buckley hoff supp reapportionment also credited abolishing maryland tradition districts senate burdette maryland reapportionment apportionment nineteen sixties supra relative merits plans much debated general preference districts gone unchallenged representative treatment subject see dixon democratic representation reapportionment law politics david eisenberg state legislative redistricting major issues wake judicial decision barnett election districts pol sci rev silva compared values legislative district pol hamilton legislative constituencies districts districts floterial districts pol includes discussion districting indiana silva relation representation party system number seats apportioned legislative district pol lindquist socioeconomic status political participation pol klain new look constituencies need recount reappraisal pol sci rev kovach lessons reapportionment reporter collins dauer david lacy mauer evolving issues patterns state legislative redistricting large metropolitan areas interesting material respect relative merits districts may found congressional debates surrounding passage statute requiring representatives elected districts see infra though racial considerations present surprisingly absent war amendments debates concern voiced congressmen submergence minorities bloc voting party control shows least plaintiffs apprehensions entirely new ones see cong globe colonial days ultiple districts rule single ones exception nearly century half declaration independence american elected far greater part lawmakers multiple constituencies klain supra although trend toward districts began long ago multiple districts still much evidence see supra see also david eisenberg supra dixon supra congress statute required districts congressional elections act june stat substance restriction continued rev stat apportionment legislation century congress enacted law required state redistricted manner provided law decennial reapportionment house representatives elected districts prescribed law state elected state large shall continue elected provided reapportionment house following census shows state entitled increase number representatives additional representatives shall elected large state redistricted decrease number representatives number districts state exceeds number representatives newly apportioned representatives shall elected large act stat amending act june stat congress reinstated district requirement except state entitled one representative previous elections elected representatives large may elect representatives large congress stat supp hawaii state take advantage exception districted congress hawaii rev stat supp congress purported exercise fourteenth amendment powers regulate prohibit districts state elections also impressed indiana board health vital statistics population estimates showed senate variance house variance base order interim figures however see supp see also kirkpatrick preisler wells rockefeller held variances respectively impermissible congressional redistricting redistricting state district divided counties several districts defendant attacks unwarranted violation indiana art says county senatorial apportionment shall ever divided defendant concedes error per se violation constitution rather drew plan without meaningfully considered dictates constitution brief appellant defendant contrary appears us true announced strive preserve integrity county township lines wherever possible though ultimately concluded difficulty devising compact contiguous districts within framework mathematical equality large part precluded preservation county lines note none statewide redistricting plans submitted consideration including house senate minority leaders chairman senate majority caucus committee followed state constitution respect event careful note mean intimate frequent reapportionment constitutionally permissible practicably desirable justice stewart joins part vi opinion holding districting scheme issue violate equal protection clause fourteenth amendment dissents part vii opinion reasons expressed dissenting opinion lucas colorado general assembly separate opinion justice harlan earlier term remarked evident malaise among members prior decisions field voter qualifications reapportionment oregon mitchell separate opinion writer today opinions two voting cases decided confirm diagnosis past decisions held districting local governmental units must approach equality voter population far practicable hadley junior college district nearly practicable standard wesberry sanders congressional districting forbade maximum variation kirkpatrick preisler today sustains local governmental apportionment scheme variation abate mundt post past decisions suggested constituencies unconstitutional shown circumstances particular case minimize cancel voting strength racial political elements voting population fortson dorsey burns richardson today holds district struck apportionment scheme reason misconceived equal protection clause ante prior opinions stated class voters chosen qualifications specified see constitutional way equality voting power may evaded gray sanders hadley junior college district today sustains provision gives opponents school bond issues half voting power proponents gordon lance ante ii justifies wondrous results cases relying different combinations factors abate mundt relies need flexibility local governmental arrangements interest preserving integrity political subdivisions longstanding tradition behind new york practice latter respect case finds elementary probability theory simplistic guide resolution essentially practical question political power opinion relies long history districts country fear affirmance district spawn endless litigation ante gordon lance relies heavily federal analogy prevalence similar elements constitutions several mind relevance considerations foregoing undeniable cumulative effect unanswerable marvel therefore dismissed singly combination line cases began gray sanders ended hadley junior college district line cases best understood think reflections deep personal commitments members principles pure majoritarian democracy majoritarian strain nonconstitutional sources clearly revealed gray sanders supra brother douglas speaking said conception political equality declaration independence lincoln gettysburg address fifteenth seventeenth nineteenth amendments mean one thing one person one vote philosophy majoritarianism given head led different results cases decided today nature principle regards majority rule imperative social organization subject compromise furtherance merely political ends philosophy ignores overcomes fact scheme constitution one majoritarian democracy federal republics equality representation value subordinate many others body constitution fourteenth amendment show face see generally baker carr frankfurter dissenting iii majoritarianism rejected rule decision implicitly rejects today alternative principle must supplied earlier line cases referred still regarded good law reapportionment opinions provide little help speak conclusory terms debasement dilution voting power representation citizens without explanation concepts answers hardly apparent observes today system one candidate wins others lose arguably losing candidates supporters without representation since men voted defeated arguably denied equal protection laws since legislative voice yet deemed denial equal protection deny legislative seats losing candidates even safe districts party wins year year ante interesting illustration light implausible definition voting power shed reapportionment doctrine provided theoretical model created professor banzhaf refers ante model uses measure voting power probability given voter cast ballot election two assumptions made first voting habits members electorate alike second voter equally likely vote either candidate assumptions taking voting population marion county roughly shown probability individual voter casting decisive vote given election approximately provides standard voting power residents districts may compared see generally banzhaf electoral districts violate one man one vote principle yale however professor banzhaf model also reveals minor variations assumptions lead major variations results instance temper electorate changes one percent individual voting power reduced factor approximately voters committed say candidate candidate probability individual casting vote reduced factor rough order obviously comparison astronomical differences voting power result minor variations political characteristics effects population variations considered abate mundt case de minimis even extreme deviations norm presented baker carr avery midland county pale insignificance surprising therefore case declines embrace measure voting power suggested professor banzhaf neither suggests alternative considers consequences inability measure purports equalizing see supra instead becomes enmeshed haze slogans numerology years obscured vision field finally remands case proceedings consistent opinion ante inexplicit mandate least subject interpretation inquire matters actual influence marion county delegation indiana legislature ante possibility recurring poor performance marion county delegation respect center township ghetto ante view determining whether legislative skirmish affecting state indiana marion county particular come differently marion county subdistricted delegation elected districts ante less appropriate subjects federal judicial inquiry come readily mind suggestion implicit opinion appellees may ultimately prevail make record like respects recognized manifestation frustration become trapped political thicket looking way case nothing short complete vindication justice frankfurter warning nine years ago mathematical quagmire apart divers judicially inappropriate elusive determinants today catapults lower courts country baker carr dissenting opinion respect also bears witness morass gotten departing sound constitutional principle electoral field see dissenting opinion justice frankfurter baker carr supra separate opinions reynolds sims oregon mitchell hope day come frankly recognize error ways ever undertaken restructure state electoral processes reverse judgment remand case district directions dismiss complaint abate mundt post gordon lance ante though stating quarrel plaintiffs mathematics nevertheless implies may ignored position remains theoretical one take account political factors might affect actual voting power residents might include party affiliation race previous voting characteristics factors go entire political voting situation ante precisely criticism applies even greater force one man one vote opinions relevant difference elementary arithmetic relies elementary probability theory professor banzhaf relies calculations latter field done one fingers precisely result follows second professor banzhaf assumptions altered probability voter selecting candidate candidate rather text assumes remaining voters equally likely vote something fascinating science one gets wholesale returns conjecture trifling investment fact mark twain life mississippi harper row justice douglas justice brennan justice marshall concur dissenting part concurring result part indiana constitution provides county senatorial apportionment shall ever divided art legislative apportionment statutes indiana implemented provision gave marion county eight senators elected large statutes also gave county representatives marion county populous state contains nine townships includes city indianapolis january lawsuit commenced require subdivision districting practiced marion county certain voters contended district deprived equal protection laws diluted voting rights identifiable racial minority within county determine identifiable minority within county district adopted following definition ghetto primarily residential section urban area characterized higher relative density population higher relative proportion substandard housing overall metropolitan area inhabited predominantly members racial ethnic minority group lower socioeconomic status prevailing status metropolitan area whose residence section often result social legal economic restrictions custom supp district concluded inequity representation residence legislators washington center townships apparent washington township upper wealthy suburban area population marion county residence senators representatives center township population approximately three times large residence senators less washington township representatives approximately washington township based findings district held indiana apportionment acts unconstitutional enjoined enforcement determined redistrict marion county alone leave constitutionally impermissible population variances newly created districts districts state therefore redistricting entire state necessary redistricting plan district divided well half counties state despite art indiana constitution marion county divided seven separate senatorial districts eighth created taking part marion parts johnson morgan counties mandated election conducted accordance plan approved retained jurisdiction purpose passing future claims unconstitutionality made plaintiffs future legislative apportionment plan promulgated stayed district order suit commenced months election ample time decision merits plaintiffs fact stayed order election held federal decennial census taken compulsion decree district legislature adopted districts entire state absent federal decree certainly follow mandate indiana constitution says fact election history affect underlying claim case finding fact identifiable racial minority voting strength severely minimized operation districts also finding invidious effects continue long marion county districts order district absent stay apportionment statutes used district retain jurisdiction attempt state legislature apply art constitution successful conclusions district unconstitutional applied marion county see reynolds sims chance indiana constitution amended time undo harm provisions amendment requires majority vote house two consecutive general assemblies referred voters ratified majority vote art indiana constitution requires enumeration male inhabitants age years made every six years art next legislative session general assembly directed reapportion state according number male inhabitants age art provisions fell disuse last enumeration provided prior baker carr legislature apportioned since time see matthews handley supp nd ind fruit metropolitan school district ind indiana courts power require reapportioning state constitution parker state ex rel powell ind legislature initially approved proposed constitutional changes two sections provide using federal decennial census indiana apportioning state immediately thereafter apportionment remain unaltered next decennial census res acts provision must still approved general assembly majority voters see art indiana constitution time case argued indiana apportionment act spec sess decennial census accepted correct fact state legislature passed reapportionment plan abolishing districts throughout entire state moot case decision plan forthcoming plan plain violation state constitution view fact indiana legislature ever violated provision state constitution obvious impetus came outside provision state constitution forbidding dividing county senatorial apportionment unconstitutional federal constitution applied marion county see reynolds sims mooting case accomplish nothing moot state courts likely void apportionment plan violative state constitution parties right back beginning lawsuit apparent controversy remains alive reason wait two years order decide case growing state determination constitutionality districts marion county happen vacate decree force parties another forum another round litigation issue constitutional provision requires senatorial districts indiana constitution date enactment ghetto voters position class change findings district clearly state invidious effects last long districting lasts district found redistrict marion county alone provide districts type districts meeting constitutional standards leave impermissible population variations new marion county districts districts state accordingly redistricted entire state decision redistrict state finding minimization ghetto voters strength intertwined district stated portions statutes relating marion county found severable full body statutes showing finding even partially erroneous let alone clearly erroneous decision redistrict marion county involves entire state properly must considered ii merits case go question reserved fortson dorsey wells rockefeller whether gerrymander constitutionally impermissible question gerrymander half reynolds sims fair representation voters legislative assembly one man one vote seem require substantial equality population within district avoidance district lines weigh power one race heavily another latter done done astute drawing district lines makes district either heavily democratic heavily republican case may lines may drawn make voice one racial group weak strong case may problem gerrymander defeat circumvent sentiments community problem law prevent justice harlan said computer may grind district lines totally frustrate popular overwhelming number critical issues wells rockefeller dissenting easy device gerrymander district found operated case dilute vote blacks iii gomillion lightfoot dealt problem state intentionally making district smaller exclude black voters almost converse problem state districts surround black voting area white voters gomillion involving turning city tuskegee geographical square uncouth figure one cases dealt elevating political interests one identifiable group another georgia county unit system similar although race factor georgia system farmer rural county times voting power brother see gray sanders districting plan operates favor class wealthy suburbanites showing racial motivation necessary dealing districts burns richardson fortson dorsey although old apportionment plan full harmony state constitution may racially motivated test districts whether invidious effects rule application basic principle applied hunter erickson city passed housing law provided ordinance regulating sale lease realty basis race become effective must approved majority vote thus protection minority interests became much difficult held state state agency voting scheme disadvantage black interests districts per se unconstitutional fortson dorsey case expressly reserved judgment question whether districting plan operated minimize cancel voting strength racial political elements voting population pass constitutional muster ibid burns richardson supra considered problems districts doubts noted fortson dorsey resolved stated assuming requirements reynolds sims satisfied districts unconstitutional shown designedly otherwise district operate minimize cancel voting strength racial political elements voting population went suggest burden proof met may invidious effect easily shown contrast facts fortson districts large relation total number legislators districts appropriately subdistricted assure distribution legislators resident entire district districts characterize houses bicameral legislature rather one ibid fortson burns demanded invidious effects districts appear evidence record demand satisfied showing identifiable voting group living center township severe discrepancies residency elected members general assembly center washington townships cf brennan dissenting abate mundt post finding pervasive influence county organizations political parties finding legislators county maintain common undifferentiated positions political issues iv little time need spent district decision redistrict entire state found already impermissible population variances districts current apportionment plan ratio largest smallest senate district house also found new marion county districts also impermissible population variances compared existing districts facts demands decisions required redistricting reynolds sims showed state constitution must give way requirements supremacy clause conflict federal constitution finally district plan exemplary population ratio largest smallest senate districts house said prevent racial gerrymandering today must prevent gerrymandering special interest group tomorrow whether social economic ideological agree constitution special thrust comes voting fifteenth amendment says right citizens vote shall abridged account race color previous condition servitude cases since baker carr never intimated one man one vote meant one white man one vote since race may gerrymandered think emphasizes irrelevant says effect actual voting power blacks first known may democratic republican identity purposely washed system system see constitutional defect asking impossible us demand blacks first show effect scheme discourage prevent poor blacks voting joining party chose record voting rights blacks abridged read constitution district done outstanding job bringing insight problems one always fault lower stating theoretical aspects apportionment plans may considered district acted earnestly boldly correct festering electoral system even vacate remand revise plan accordance census figures retained jurisdiction cause sense enough update plan make contribution district enormous abiding leaving initiative carry mandate reynolds sims affirm judgment wallace legislative apportionment indiana case history ind district also found independent new districts impermissible population variances indiana apportionment ratio largest smallest senate district house plan promulgated district reduced respectively see tyler wells new gerrymander threat american federationist emphasized black plaintiffs members identifiable interest group whose voting strength minimized districting scheme unable elect legislator attuned interests also saddled lawmakers reflected white suburban ideology controlled political leaders note chavis whitcomb apportionment gerrymandering black voting 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