smiley holm argued decided april george simpson alfred bowen yale smiley john weeks donahue minneapolis petitioner henry benson atty william gurnee asst atty paul respondent chief justice hughes delivered opinion reapportionment following fifteenth decennial census provided act congress june stat usca minnesota entitled nine representatives congress one less number previously allotted april bill known house file laws dividing state nine congressional districts specifying counties composed passed house representatives senate state transmitted governor returned without approval thereupon without action upon measure house representatives senate compliance resolution house representatives house file deposited secretary state minnesota suit brought petitioner elector taxpayer state obtain judgment declaring invalid fillings nomination office representative congress designate subdivision state congressional district enjoin secretary state giving notice holding elections office sions petition alleged house file nullity governor veto repassed legislature required law also proposed congressional districts equal number inhabitants nearly practicable accordance act congress august respondent secretary state demurred petition upon ground state facts sufficient constitute cause action maintained validity house file virtue authority conferred upon legislature article federal constitution insisted act congress august longer force asserted inequalities redistricting presented political judicial question trial sustained demurrer order affirmed state action dismissed upon merits affirmed judgment upon previous opinion granted writ certiorari ed article constitution provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places choosing senators constitution minnesota consists senate house representatives const art bill passed senate house representatives law must presented governor state returns within time stated without approval bill may become law provided reconsidered thereupon passed house thirds vote id art state constitution also provides federal census legislature shall power prescribe bounds congressional districts id art understand state held provisions measure redistricting state congressional elections put force legislature without participation governor required case legislative bills action regarded performance function legislature lawmaking body decision effect cited appears seven occasions prior measure consideration legislature nesota state federal reapportionments form bill act approved governor instant case regarded procedure insufficient support petitioner contention practical construction question dismissed consideration controlling effect ascribed federal provision page expressed opinion various provisions state constitution cited briefs little importance relation matter controversy power state legislature prescribe congressional districts rests exclusively solely language article constitution id page construing provision reached conclusion legislature redistricting state acting strictly exercise lawmaking power merely agency discharging particular duty manner federal constitution required upon point said id page legislature districting state strictly discharge legislative duties lawmaking body acting sovereign capacity acting representative people state power granted said article merely gives expression district lines aid election certain federal officials prescribing one essential details serving primarily federal government secondly people state legislature designated mere agency discharge particular duty governor veto relation matters power pertains state constitution sively state affairs word reference branch state state one three branches specific framers federal constitution employed term believe made use ordinary sense reference official body invested functions making laws legislative body state intend include state chief executive part thereof justified construing term used enlarged sense meaning state meaning lawmaking power state question whether provision federal constitution thus regarded determinative invests legislature particular authority imposes upon corresponding duty definition imports function different lawgiver thus renders inapplicable conditions attach making state laws much urged argument regard meaning term beside point said hawke smith term one uncertain meaning incorporated constitution meant adopted still means purpose interpretation legislature representative body made laws people question respect thus described function performed use federal constitution term different relations always imply performance function legislature may act electoral body choice senators article prior adoption seventeenth amendment may act ratifying body case proposed amendments constitution article hawke smith supra hawke smith leser garnett may act consenting body relation acquisition lands article par wherever term used constitution necessary consider nature particular action view primary question whether function contemplated article making laws consideration terms provision requires affirmative answer places manner holding elections senators representatives doubted comprehensive words embrace authority provide complete code congressional elections times places relation notices registration supervision voting protection voters prevention fraud corrupt practices counting votes duties inspectors canvassers making publication election returns short enact numerous requirements procedure safeguards experience shows necessary order enforce fundamental right involved requirements nugatory appropriate sanctions definition offenses punishments comprised subject places manner holding elections involves lawmaking essential features important aspect view confirmed second clause article provides congress may time law make alter regulations single exception stated phrase regulations plainly refers regulations general character legislature state authorized prescribe respect congressional elections exercising power congress may supplement state tions may substitute may impose additional penalties violation state laws provide independent sanctions general supervisory power whole subject ex parte siebold ex parte yarbrough ex parte clarke mosley newberry broad authority conferred constitutional provision consideration exercised congress making regulations regulations sort overruling action congress may provided legislature state upon subject term defining method action equally nature subject matter aptly points making laws state legislature authorized times places manner holding elections respondent urges fact words law found clause relating action congress clause giving authority state legislature supports contention latter act exercise lawmaking power think inference strongly contrary nature function makes phrase law apposite whether performed state national legislature use phrase places intent whole provision strong light prescribing regulations govern conduct citizen first clause making altering rules law second clause involve action inherent character authority conferred purpose making laws state follows absence indication contrary intent exercise authority must accordance method state prescribed legislative enactments find suggestion federal constitutional provision attempt endow legislature state power enact laws manner constitution state provided laws shall enacted whether governor state veto power shall part making state laws matter state polity article federal constitution neither requires excludes participation provision check legislative process regarded repugnant grant legislative authority time adoption federal constitution appears two provided veto upon passage legislative bills massachusetts governor new york council revision restriction existed case well known state legislature might subject limitation either thereafter imposed several might think wise incongruous grant legislative authority regulate congressional elections fact congress making regulations provision subject veto power president provided article latter consequence expressed question necessarily implied congress act law intimation either debates federal convention contemporaneous exposition purpose exclude similar restriction imposed state constitutions upon state legislatures exercising lawmaking power practical construction article impressive general acquiescence justify departure law long continuous interpretation course official action law may aid removing doubts meaning especially true case constitutional provisions governing exercise political rights hence subject constant careful scrutiny certainly terms constitutional provision furnish clear definite support contrary construction justify disregard established practice mcpherson blacker missouri pacific railway kansas myers pocket veto case practice eloquent conviction people representatives state legislatures executive office providing congressional elections districts held legislatures exercising lawmaking power thus subject state constitution provided veto thegovernor part legislative process early action massachusetts authority constitution required submitted governor appears submitted approved new york outset provision congressional districts made statute method followed argument based disposition early period curtail executive authority long time elapsed number veto power granted governor slight weight light fact power given four shortly adoption federal use check gradually extended uniform practice prior questions raised relation present reapportionment provide congressional districts enactment statutes participation governor wherever state constitution provided participation part process making laws see moran bowley koening flynn carroll becker mo sup state ex rel schrader polley attorney general minnesota argument instant case conceded whenever state minnesota divided districts purpose congressional elections action taken legislature form bill presented approved governor constitutional provision contemplates exercise lawmaking power definitely recognized congress act august expressly provided section election representatives congress stated districts prescribed law state shall redistricted manner provided laws thereof accordance rules enumerated section three act significance clause manner provided laws thereof manifest occasion purpose recognize propriety referendum establishing congressional districts state made part legislative process clear said davis hildebrant congress enacting controlling law concerning duties legislative authority deal subject creation congressional districts expressly modified phraseology previous acts relating subject inserting clause plainly intended provide state constitution laws referendum treated part legislative power power thus constituted held treated state legislative power purpose creating congressional districts law case davis hildebrant supra arose amendment constitution ohio reserving right way referendum approve disapprove popular vote law enacted general assembly page act passed general assembly ohio redistricting state purpose congressional elections disapproved referendum provision validity action challenged article federal constitution state denying mandamus enforce disapproved act provisions referendum part legislative power state made constitution nothing act congress constitutional provision operated contrary therefore disapproved law existence id page affirmed judgment state manifest congress power alter article act reference state laws operate legislative recognition nature authority deemed conferred constitutional provision authority state determine constitute legislative process validity requirement state constitution ohio application congressional elections sustained explicitly stated ground distinction made hawke smith supra referring davis case said shown opinion case congress recognized referendum part legislative authority state purpose stated held affirming judgment ohio referendum provision state constitution applied law redistricting state view representation congress unconstitutional article section plainly gives authority state legislate within limitations therein named legislative action entirely different requirement constitution expression assent dissent proposed amendment constitution expression legislative action authorized required clearly follows nothing article precludes state providing legislative action districting state congressional elections shall subject veto power thegovernor cases exercise lawmaking power accordingly instance validity house file sustained virtue authority conferred federal constitution upon legislature minnesota create congressional districts independently participation governor required state constitution respect enactment laws question presented whether act congress august still force state held wholly replaced act june sections former act making specific provision apportionment thirteenth census course superseded present question relates sections expressly repealed act repeals laws parts laws inconsistent provisions section stat usca note petitioner urges act contains nothing inconsistent sections act question whether sections terms ceased effective pointed provisions act carried code tit usca note inclusion code operate establishes facie laws general permanent nature force day december act june stat sections act expressly referred apportionment one made act argument pressed contain provisions setting forth general policy intended apply future creation congressional districts election representatives congress provide otherwise three classes respect number representatives present apportionment pursuant act number remains increased decreased number representatives remains districts unchanged question presented nothing inconsistent requirements congress proceeding election representatives manner heretofore section act usca provided case increase number representatives state additional representative representatives shall elected state large representatives districts prescribed law state shall redistricted constitution provides article house representatives shall composed members chosen every second year people several opinion provision absence creation new districts additional representatives allotted state present reapportionment appropriately elected state large course election representatives existing districts redistricting act passed present inconsistency policy declared act case minnesota number representatives decreased different situation existing districts adapted new apportionment follows case unless new districts created representatives allotted state must elected state large required absence redistricting act order afford representation state constitutionally entitled general provisions act regarded intended different import conclusion disposes questions properly questions relation application standards defined section act redistricting statute statute hereafter enacted wholly abstract judgment reversed cause remanded proceedings inconsistent opinion ordered justice cardozo took part consideration decision case footnotes act august stat usca note provided apportionment representatives congress among several thirteenth census fixing total number representatives apportionment sections act provided follows state entitled apportionment one representative representatives subsequent congress shall elected districts composed contiguous compact territory containing nearly practicable equal number inhabitants said districts shall equal number representatives state may entitled congress district electing one representative case increase number representatives state apportionment additional representative representatives shall elected state large representatives districts prescribed law state shall redistricted manner provided laws thereof accordance rules enumerated section three act charge number representatives state representatives thereof shall elected districts prescribed law state shall redistricted herein prescribed candidates representative representatives elected large state shall nominated manner candidates governor unless otherwise provided laws state see laws minnesota constitution massachusetts provided governor veto part second ch art thorpe american charters constitutions organic laws council revision new york veto power first constitution art composed governor chancellor judges two together governor veto power given governor alone constitution article thorpe op cit south carolina veto power given constitution article constitution governor veto power see article thorpe op const mass thorpe op cit mass resolves xlix lxix new york laws see koenig flynn georgia const art thorpe op cit pennsylvania const art thorpe op new hampshire const part second thorpe op kentucky const art thorpe op vermont gonstitution chapter gave governor council power suspension similar provision made constitution chapter admission vermont union see also constitution chapter thorpe op see note see note