colegrove green argued decided june rehearing denied see appeal district northern district illinois urban lavery chicago appellants william wines chicago appellees abraham brussell chicago better government assn amicus curiae justice frankfurter announced judgment opinion justice reed justice burton concur case appropriately judicial code direct review judgment district northern district illinois composed three judges dismissing complaint appellants petitioners three qualified voters illinois districts much larger populations illinois congressional districts brought suit governor secretary state auditor state illinois members ex officio illinois primary certifying board restrain effect taking proceedings election november provisions illinois law governing congressional districts illinois laws formally appellees asked decree incidental relief judicial code declaring provisions invalid violated various provisions constitution reapportionment act august stat amended reason subsequent changes population congressional districts election representatives congress created illinois laws lacked compactness tory approximate equality population district feeling bound opinion wood broom dismissed bill district clearly right deeming bound wood broom supra also dispose case authority wood broom legal merits controversy settled case inasmuch held reapportionment act june stat amended requirements compactness contiguity equality population districts page page act still governs districting election representatives must remembered legislative history matter fully considered wood broom question elaborately smiley holm koening flynn carroll becker argued months wood broom decided nothing adduced lead us overrule found requirements act since seven congressional elections held act construed manifestation shown congress even question correctness seemed compelling enforcing congress wood broom also agree four justices brandeis stone roberts cardozo jj opinion bill wood broom supra want equity sure present complaint unlike bill wood oom brought federal declaratory judgment act enacted available time wood broom act merely gave federal courts competence make declaration rights even though decree enforcement immediately asked merely permitted freer movement federal courts within recognized confines scope equity declaratory judgment act provided new form procedure adjudication rights conformity equitable principles great lakes dredge dock huffman test determining whether federal authority make declaration asked whether controversy justiciable presented suit injunction nashville ry wallace opinion petitioners ask beyond competence grant one demands judicial power met verbal fencing must resolved considerations basis time time refused intervene controversies refused due regard effective working government revealed issue peculiarly political nature therefore meet judicial determination action recover damage discriminatory exclusion plaintiff rights enjoyed citizens basis suit private wrong wrong suffered illinois polity compare nixon herndon lane wilson giles harris effect appeal federal courts reconstruct electoral process illinois order may adequately represented councils nation illinois legislature failed revise congressional representative districts order reflect great changes generation distribution population asked illinois course affirmatively remap illinois districts bring conformity standards fairness representative system best declare existing electoral system invalid result leave illinois undistricted bring operation illinois legislature chose act choice members house representatives ticket last stage may worse first upshot judicial action may defeat vital political principle led congress hundred years ago require districting requirement language chancellor kent recommended wisdom justice giving far possible local subdivisions people state due influence choice representatives leave aggregate minority people state though approaching perhaps majority wholly overpowered combined action numerical majority without voice whatever national councils kent commentaries assuming acquiescence part authorities illinois selection representatives mode defies direction congress selection districts house representatives may acquiesce exercise power judge qualifications members house may reject delegation article cl detailed system congress supervises election members bartlett contested elections house representatives vols alexander history procedure house representatives xvi nothing clearer controversy concerns matters bring courts immediate active relations party contests determination issues traditionally held aloof hostile democratic system involve judiciary politics people less pernicious judicial intervention essentially political contest dressed abstract phrases law petitioners urge great zeal conditions complain grave evils offend public morality constitution gives ample power provide evils due regard constitution viable system precludes judicial correction authority dealing problems resides elsewhere article section constitution provides times places manner holding elections representative shall prescribed state legislature thereof congress may time law make alter regulations short constitution conferred upon congress exclusive authority secure fair representation popular house left house determination whether fulfilled responsibility congress failed exercising powers whereby standards fairness offended remedy ultimately lies people whether congress faithfully discharges duty subject committed exclusive control congress aspect government judiciary view involved excluded clear intention constitution entered federal courts congress may default exacting obedience mandate one stark fact emerges study history congressional apportionment embroilment politics sense party contests party interests constitution enjoins upon congress duty apportioning representatives several according respective numbers article yet congress times heedless command apportioned according requirements census never occurred anyone issue mandamus compel congress perform mandatory duty apportion might done directly mandamus attained indirectly injunction chafee congressional apportionment greatest diversity among manner choosing representatives congress made requirement districting stat congress provided election representatives districts strangely enough power seriously questioned still doubted committee congress late see speech afterwards justice clifford cong globe april bartlett contested elections house representatives sess sess gradwell congress dropped requirement stat reapportionment act required districts contiguous territory stat congress added requirement substantial equality inhabitants stat reinforced stat act seen dropped requirements stat throughout history whatever may hav controlling apportionment act glaring disparities prevailed contours population districts appendix summarizes recent disparities various congressional representative districts throughout country appendix ii gives fair samples prevailing gerrymanders illustrations glaring inequalities see et seq sess sess law notes october nation see generally schmeckebier congressional apportionment gerrymandering see griffith rise development gerrymander sustain action cut deep congress courts enter political thicket remedy unfairness districting secure state legislatures apportion properly invoke ample powers congress constitution many commands enforceable courts clearly fall outside conditions purposes circumscribe judicial action thus demand executive authority art iv state duty sister state deliver fugitive justice fulfillment duty judicially enforced commonwealth kentucky dennison duty see laws faithfully executed brought legal compulsion state mississippi johnson wall violation great guaranty republican form government challenged courts pacific telephone telegraph oregon constitution left performance many duties governmental scheme depend fidelity executive legislative action ultimately vigilance people exercising political rights dismissal complaint affirmed justice jackson took part consideration decision case disparities apportionment showing districts state largest smallest populations state dist population dist population dist population representatives representative yet admitted elected large ark del representative representative representative idaho representative ind iowa kansas state dist population dist population dist population la md mass miss mo mont representative neb representative representative representative representatives representative yet admitted elected large representatives representative elected large state dist population dist population dist population ohio yet admitted representative tex utah representative representative representatives elected large wyo representative representative representative appendix ii appendix ii appendix ii appendix ii justice rutledge concur result ruling smiley holm supposed provisions constitution art times places manner holding elections representatives shall prescribed state legislature thereof congress may time law make alter regulations art vesting congress duty apportionment representatives among several respective numbers art making house sole judge qualificatin members remove issues case justiciable cognizance judgment smiley case rules squarely contrary save matter degree moreover recently admonished essence duty avoid decision upon grave constitutional questions especially may bring function clash political departments government tenable alternative ground disposition controversy presented unable find alternative instance one however case think gravity constitutional questions raised great together possibilities collision mentioned admonition appropriate followed reasons support view including fact opinion basic ruling less important ones smiley holm supra otherwise brought question assuming decision stand think justice black effect rule power afford relief case type objection issues justiciable later case wood broom disposed cause ground reapportionment act stat carry forward requirements act stat declined decide whether equity bill opinion notes four justices thought bill dismissed want equity judgment complaint dismissed reason assuming controversy justiciable think cause delicate character view considerations noted jurisdiction exercised compelling circumstances matter legislative attention whether congress general assembly case made complaint strong relief seeks pitches delicate relation functions state officials congress compelling take action heretofore declined take voluntarily accept alternative electing representatives illinois large forthcoming elections shortness time remaining makes doubtful whether action taken time secure petitioners effective relief seek force share election large might bring greater equality voting right also deprive illinois citizens representation districts prevailing policy congress commands stat amended constitutional provisions appellants rely give substantive rights urge provisions qualify rights important ways vesting large measures control political subdivisions government state except abstractly right absolute equality voting best uld rough approximation obviously considerable latitude bodies vested powers exercise judgment concerning best attain full consistency constitution right absolute cure sought may worse disease think therefore case one may properly decline exercise jurisdiction accordingly judgment affirmed join disposition cause justice black dissenting complaint alleges following facts essential position take petitioners citizens voters illinois live congressional election districts respective populations range nineteen congressional election districts populations range seven districts population illinois legislature established districts basis census federal census showed growth population illinois substantial shift distribution population among districts established date attempts state legislature reapportion congressional election districts nearly equalize population unsuccessful contributing cause situation according petitioners fact state legislature chosen basis state election districts inequitably apportioned way similar congressional election districts implication issues state congressional apportionment thus interdependent interest state legislators perpetuate inequitable apportionment state congressional election districts prior proceeding series suits brought state courts challenging state local federal apportionment system cases state denied effective relief present suit complaint attacked state apportionment act ground among things violates article one fourteenth amendment constitution petitioners claim since live heavily populated districts vote much less effective vote living district act also allowed choose one congressman though population sometimes heavily populated districts petitioners contend reduction effectiveness vote result wilful legislative discrimination thus amounts denial equal protection laws guaranteed fourteenth amendment assert reduction effectiveness vote also violates privileges immunities clause fourteenth amendment abridging privilege citizens vote congressmen privilege guaranteed article one constitution contend state apportionment act directly violates article one guaranteest hat citizen eligible vote right vote congressmen vote counted assertion right vote counted abridged unless vote given approximately equal weight citizens judgment district jurisdiction complaint presented justiciable case petitioners standing sue since facts alleged show injured individuals unless previous decisions overruled suit one state state officials individuals complaint attacked apportionment act unconstitutional alleged facts indicating act denied petitioners full right vote equal protection laws allegations denied circumstances since adequate legal remedy depriving citizen right vote equity grant relief difficult see state apportionment act deny petitioners equal protection laws failure legislature reapportion congressional election districts forty years despite census figures indicating great changes distribution population resulted election districts populations range one petitioners lives district people vote consequently much less effective citizens living district gross inequality voting power citizens irrefutably demonstrates complete lack effort make equitable apportionment state apportionment act applied next election thus result wholly indefensible discrimination petitioners voters heavily populated districts equal protection clause fourteenth amendment forbids discrimination permit pick certain qualified citizens groups citizens deny right vote see nixon herndon nixon condon one deny equal protection clause also prohibit law expressly give certain citizens others full vote probable effect state apportionment act coming election certain citizens among petitioners instances votes effective choosing representatives congress votes citizens discriminatory legislation seems exactly kind equal protection clause intended prohibit state apportionment act reducing effectiveness petitioners votes abridges privilege citizens vote congressmen violates article constitution article provides congressman chosen people several thus gives qualifie right vote right vote counted ex parte yarbrough mosley order prevent interference effective choice voters held right extends primaries classic constitution contains express provision requiring congressional election districts established must contain approximately equal populations constitutionally guaranteed right vote right one vote counted clearly imply policy state election systems matter form designed give approximately equal weight vote cast extent implication article one expressly stated section fourteenth amendment provides shall apportioned among several according respective numbers purpose requirement obvious make votes citizens several equally effective selection members congress intended make illegal wide borough system policy behind broader prohibits well congressional boroughs within ones involved policy laid constitutional provisions regulating election members house representatives including article one guarantees right vote vote effectively counted groups classes viduals shall extent practically feasible given equal representation house representatives conjunction senate writes laws affecting life liberty property people true authorized section article one constitution legislate subject congressional elections extent congress done thus power granted state legislature subject primarily derived federal state constitution power respect elections congressmen formulate policy rather implement policy laid constitution far feasible votes given equally effective weight thus state legislature deny eligible voters right vote congressmen right vote counted destroy effectiveness vote part accomplish name name legislation must inevitably bring glaringly unequal representation congress favor special classes groups invalidated accomplished ingeniously ingenuously smith texas see also lane wilson illinois passed act requiring congressmen elected citizens one county clearly amounted denial citizens counties constitutionally guaranteed right vote imagine act apportioned congressmen state smallest county one congressman others sustained act clearly violated stitutional policy equal representation apportionment act involved violates policy way policy respect federal elections laid constitution mean courts prescribe precise methods followed state legislatures invalidation acts embody precise methods mean state legislatures must make real efforts bring approximately equal representation citizens congress legislature illinois done whether due negligence wilful effort deprive citizens effective vote admitted result constitutional policy equality representation defeated circumstances duty invalidate state law contended however equity power even power exercise case argued mean entering area questions agree argument cases coleman miller supra pages declined decide question political miller case however question involved ratification constitutional amendment matter believed congress given final authority decided question amounted trespass upon constitutional power congress us state law abridges constitutional rights citizens cast votes way obtain kind congressional representation constitution guarantees true voting part elections elections said nixon herndon supra mere words refer controversy sense courts nothing protecting vindicating right voter cast effective ballot classic case among myriads others refutes contention courts impotent connection evasions rights wood broom preclude granting equitable relief case simply held state apportionment act violate congressional reapportionment act stat since act require election districts equal population expressly reserved question right complainant relief equity giles harris also hold equity exercise power case like said reference decision lane wilson stands principle courts attempt elections furthermore author giles harris opinion also wrote opinion nixon herndon voter right cast ballot held give rise justiciable controversy case supervision elections asked asked exactly smiley holm supra asked declare state apportionment bill invalid enjoin state officials enforcing difference case smiley case case originated state courts proceeding originated federal district type case held federal district discretion stay hand state question one state courts administrative agencies special competence decide type question involved right vote guaranteed federal constitution always rule federally protected right invaded federal courts provide remedy rectify wrong done federal courts hesitated exercise equity power cases involving deprivation property andl iberty ex parte young supra hague committee industrial organization reason case involves right choose representatives make laws affecting liberty property difficulty enforcing decree case smiley case true declaration invalidity state act enjoining state officials result prohibiting state electing congressmen system old congressional districts leave state free elect state large held smiley case manner authorized constitution said inconvenient state conduct election manner element virtue convenient method namely discriminate groups favor others gives people equally effective voice electing representatives essential free government constitutional justice douglas justice murphy join dissent footnotes years chosen random lovett concurring opinion page page fundamental principle constitutional adjudication face constitutional questions avoid possible developed governance cases confessedly within jurisdiction series rules avoided passing upon large part constitutional questions pressed upon decision want equity jurisdiction go power manner want jurisdiction subject matter thus want equity jurisdiction may waived matthews rodgers cases cited power equity act discretionary one federal equity asked interfere enforcement state laws prevent irreparable injury clear imminent american federation labor watson cases cited people ex rel woodyatt thompson fergus marks fergus kinney people clardy people ex rel blackwell daly madison county cf moran bowley bell et al hood et al smiley holm koenig flynn carroll becker wood broom nixon herndon mcpherson blacker see also cases collected note et seq coleman miller ex parte young sterling constantin