Wesberry v. Sanders

Source: Wikipedia, the free encyclopedia.

Wesberry v. Sanders
N.D. Ga. 1962), prob. juris. noted, 374 U.S.
802 (1963).
Holding
The Constitution requires that members of the House of Representatives be selected by districts composed, as nearly as is practicable, of equal population.
Court membership
Chief Justice
Earl Warren
Associate Justices
Case opinions
MajorityBlack, joined by Warren, Douglas, Brennan, White, Goldberg
Concur/dissentClark
DissentHarlan, joined by Stewart (in part)
Laws applied
U.S. Const., art. I, § 2.
This case overturned a previous ruling or rulings
Colegrove v. Green, 328 U.S. 549 (1946)

Wesberry v. Sanders, 376 U.S. 1 (1964), was a landmark

one person, one vote
" to U.S. legislative bodies.

United States Constitution requires members of the U.S. House of Representatives to be apportioned by population among the states, but it does not specify exactly how the representatives from each state should be elected. The case arose from a challenge to the unequal population of congressional districts in the state of Georgia
.

In his

Associate Justice Hugo Black held that Article One required that "as nearly as practicable one man's vote in a congressional election is to be worth as much as another's." The decision had a major impact on representation in the House, as many states had districts of unequal population, often to the detriment of urban voters. The United States Senate
was unaffected by the decision since the Constitution explicitly grants each state two senators representing the state at large.

Decision

Writing for the Court majority in Wesberry, Justice Black argued that a reading of the debates of the Constitutional Convention demonstrated conclusively that the Framers had meant, in using the phrase “by the People,” to guarantee equality of representation in the election of Members of the House of Representatives.[2]

Dissent

Writing in dissent,

Great Compromise. Justice Harlan further argued that the Convention debates were clear to the effect that Article I, § 4, had vested exclusive control over state districting practices in Congress and that the Court action overrode a congressional decision not to require equally populated districts.[2]

See also

References

  1. ^ "Wesberry v. Sanders, 376 U.S. 1 (1964), at 17-18". Justia US Supreme Court Center. February 17, 1964. Retrieved January 5, 2021.
  2. ^ a b Congressional Districting – United States Constitution

Further reading

  • Carpenter, Richard V. (1964), "Wesberry v. Sanders: A Case of Oversimplification", Villanova Law Review, 9: 415.
  • Weiss, Jonathan (1964), "An Analysis of Wesberry v. Sanders", Southern California Law Review, 8: 67.

External links