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Wesberry Vs. Sanders

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  • US Supreme Court
  • Feb 17, 1964

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59 entries 10 linked 49 unlinked
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  1. Smiley Vs. Holm US Supreme Court · Apr 11, 1932
    Relied / Followed
  2. Colegrove Vs. Green US Supreme Court · Jun 10, 1946
  3. RochIn Vs. California US Supreme Court · Jan 02, 1952
  4. Carroll Vs. Becker US Supreme Court · Apr 11, 1932
  5. Koenig Vs. Flynn US Supreme Court · Apr 11, 1932
    Relied / Followed
  6. Marbury Vs. Madison US Supreme Court · Jan 01, 1803
  7. United States Vs. Mosley US Supreme Court · Jun 21, 1915
  8. United States Vs. Classic US Supreme Court · May 26, 1941
  9. United States Vs. Saylor US Supreme Court · May 22, 1944
  10. Cook Vs. Fortson US Supreme Court · Jan 01, 1946
  11. U.S. 1 (1964) U.S. Supreme Court Wesberry v. Sanders
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  12. U.S. 1 (1964) Wesberry v. Sanders
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  13. As in Baker v. Carr
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  14. of the court dismissed the complaint, citing as their guide Mr. Justice Frankfurter's minority opinion in Colegrove v. Green
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  15. in the apportionment. He relied on Baker v. Carr
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  16. and decision by the District Court in light of existing circumstances. Page 376 U. S. 5 I Baker v. Carr
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  17. widely varying numbers of people -- was precisely that which was alleged to debase votes for Congressmen in Colegrove v. Green
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  18. U. S. 355 , Koenig v. Flynn
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  19. U. S. 375 , and Carroll v. Becker
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  20. rights of individuals from legislative destruction, a power recognized at least since our decision in Marbury v. Madison
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  21. votes of people living in more populous parts of the State, for example, the Fifth District around Atlanta. Cf. Gray v. Sanders
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  22. Article v. that
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  23. Article gives persons qualified to vote a constitutional right to vote and to have their votes counted. United States v. Mosley
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  24. be denied outright, it cannot, consistently with Article I, be destroyed by alteration of ballots, see United States v. Classic
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  25. U. S. 299 , or diluted by stuffing of the ballot box, see United States v. Saylor
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  26. Cf. Gray v. Sanders
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  27. Wesberry v. Vandiver
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  28. of that case. Cook v. Fortson
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  29. U.S. at 369 U. S. 232 . Cf. also Wood v. Broom
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  30. districting is subject to judicial scrutiny. This Page 376 U. S. 19 Court has so held ever since Smiley v. Holm
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  31. U. S. 355 (1932), which is buttressed by two companion cases, Koenig v. Flynn
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  32. U. S. 375 (1932), and Carroll v. Becker
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  33. U. S. 380 (1932). A majority of the Court in Colegrove v. Green
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  34. Smiley, that the complaint presented a justiciable controversy not reserved exclusively to Congress. Colegrove v. Green
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  35. U. S. 549 , 328 U. S. 564 , and 328 U. S. 568 , n. 3 (1946). Again, in Baker v. Carr
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  36. of the Equal Protection Clause of the Fourteenth Amendment. As my Brother BLACK said in his dissent in Colegrove v. Green
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  37. Page 376 U. S. 20 on the merits. At that hearing, the court should apply the standards laid down in Baker v. Carr
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  38. as a result of the order of the three-judge District Court in Toombs v. Fortson
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  39. The legislative history of the 1929 Act is carefully reviewed in Wood v. Broom
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  40. prosecuted as violations of federal statutes. The acts in question were filing false election returns, United States v. Mosley
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  41. U. S. 383 , alteration of ballots and false certification of votes, United States v. Classic
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  42. U. S. 299 , and stuffing the ballot box, United States v. Saylor
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  43. Page 376 U. S. 47 The Court gives scant attention, and that not on the merits, to Colegrove v. Green
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  44. Id. at 328 U. S. 550 -551. Leaving to another day the question of what Baker v. Carr
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  45. U. S. 355 , and its two companion cases, Koenig v. Flynn
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  46. Brother CLARK relies in his separate opinion, ante pp. 376 U. S. 18 -19, are equally irrelevant. Smiley v. Holm
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  47. of Congress in enacting the 1929 Act. See id. at 376 U. S. 374 . Quite obviously, therefore, Smiley v. Holm
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  48. elections in disregard, and even in contradiction, of congressional purpose. The companion cases to Smiley v. Holm
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  49. The Court relies in part on Baker v. Carr
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  50. The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green
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