. . For example, Moore County is surrounded by four counties each of which has sufficient voting population to exceed two-thirds of the average voting population per county (which is the standard prescribed by the Tennessee Constitution for the assignment of a direct representative), thus qualifying for direct representatives. The first step is a remand to the District Court with directions to vacate the order dismissing the complaint and to enter an order retaining jurisdiction, providing "the necessary spur to legislative action. at 48 U. S. 45-46) is indefensible, as Mr. Justice Woodbury maintained in his dissent.

. U.S. Supreme Court ruled that land grants are valid contracts even if corruption was apparent. [Footnote 5/3], The formula suggested by my Brother CLARK must be adjusted regardless whether one thinks, as I assuredly do not, that the Federal Constitution requires that each vote be given equal weight. ", "The conduct of the foreign relations of our Government is committed by the Constitution to the Executive and Legislative -- 'the political' -- Departments of the Government, and the propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision.". 5,341 2.00 1.43 .52, Decatur.

There need be no fear of a more disastrous collision between federal and state agencies here than where a federal court enjoins gerrymandering based on racial lines.

"Whereas no legal State governments .

The majority of the voters have been caught up in a legislative strait jacket. However, the root of the trouble is not in Tennessee's Constitution, for admittedly its policy has not been followed.

Does this characterization, with due regard for the facts from which it is derived, add anything to appellants' case?

. . Congressional behavior: lesson overview. [Footnote 4/64] This resulted in grossly unequal electoral units. (4) In 1945, Anderson and Roane Counties were shifted to the Sixth State Senate District from the Seventh, and Monroe and Polk Counties were shifted to the Seventh from the Sixth. Recent legislation, creating a district appropriately described as "an atrocity of ingenuity," is not unique. . 10,754); Oak Ridge, Anderson County (pop. must be regarded as of controlling importance," if there has been no conclusive "governmental action," then a court can construe a treaty, and may find it provides the answer. No. Legislative inaction and state constitutional provisions rejecting the principle of equal numbers have both contributed to the generally prevailing numerical inequality of representation in this country. We are told by the National Institute of Municipal Law Officers in an amicus brief: "Regardless of the fact that, in the last two decades, the United States has become a predominantly urban country where well over two-thirds of the population now lives in cities or suburbs, political representation in the majority of state legislatures is 50 or more years behind the times.

24; H.R.Doc.

To demonstrate this requires no less than to analyze representative cases and to infer from them the analytical threads that make up the political question doctrine.

", "(2) Short of this, the existing apportionment of state legislators is so unreasonable as to amount to an arbitrary and capricious act of classification on the part of the Tennessee Legislature, which is offensive to the Equal Protection Clause.

To show why we reject the argument based on the Guaranty Clause, we must examine the authorities under it. But this might not, on its face, be an "invidious discrimination," Williamson v. Lee Optical of Oklahoma, 348 U. S. 483, 348 U. S. 489 (1955), for a "statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it." Amendments proposed in the Senate or House must first be approved by a majority of all members of each House and again by two-thirds of the members in the General Assembly next chosen. . 4,600 .76 .37 .45, Hancock. Dates of duration of hostilities: though it has been stated broadly that "the power which declared the necessity is the power to declare its cessation, and what the cessation requires," Commercial Trust Co. v. Miller, 262 U. S. 51, 262 U. S. 57, here too analysis reveals isolable reasons for the presence of political questions, underlying this Court's refusal to review the political departments' determination of when or whether a war has ended.

Tennessee has no initiative and referendum.

66. [Footnote 4/23] Claims resting on this specific, guarantee of the Constitution have been held nonjusticiable which challenged state distribution of powers between the legislative and judicial branches, Ohio ex rel. 320) that: "To allow this action will make publick officers more careful to observe the constitution of cities and boroughs, and not to be so partial as they commonly are in all elections, which is indeed a great and growing mischief, and tends to the prejudice of the peace of the nation. .

.
. 1842); Mowry, The Dorr War (1901); Wayland, The Affairs of Rhode Island (2d ed. 1, 48 U. S. 38-39: ". This takes account of the restricted franchise as well as the effect of the local unit apportionment principle. . It requires an enumeration of qualified voters within every term of ten years after 1871 and an apportionment of representatives and senators among the several counties or districts according to the number of qualified voters in each [Footnote 4/5] at the time of each decennial, enumeration.

. [t]o redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States. . Co. v. Brownell, 294 U. S. 580, 294 U. S. Since there was no majority but only a plurality, however, the Court could not grant relief to Baker outright.


III, § 5, and, even where they do not, they do precisely fix the criteria for judicial judgment respecting the allocation of representative strength within the electorate.

584.

Bitter animosities racked the convention, threatening the State with disunion.

However, like the Solicitor General of the United States, I see no such difficulty in the position of this case. 13,264 1.25, Fayette. But it is said that, in this illustration all of the underrepresented counties contain municipalities of over 10,000 population, and they therefore should be included under the "urban" classification, rationalizing this disparity as an attempt to effect a rural-urban political balance. . ", "So, too, as relates to the clause in the above-mentioned article of the Constitution, providing for cases of domestic violence.

Baker v. Carr

Similarly, the Equal Protection Clause was not invoked in Tedesco v. Board of Supervisors, 339 U.S. 940 (1950). The ground of Mr. Justice Rutledge's vote to affirm is further explained in his footnote 3, 328 U.S. at 328 U. S. 566: ""The power of a court of equity to act is a discretionary one.

It is not to be presumed that the Legislature will refuse to take such action as is necessary to comply with its duty under the State Constitution. ", 364 U.S. at 364 U. S. 347. 139 U.S. at 139 U. S. 461. .

Cf. . .