Constitutional Law -- Elections -- Validity of Congressional Districting

Iowa Law Review, Vol. 50, p. 163, 1964

7 Pages Posted: 2 Jul 2009

See all articles by Dale Beck Furnish

Dale Beck Furnish

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1964

Abstract

In Wesberry v. Sanders, 84 Sup. Ct. 526 (1964), the Supreme Court of the United States addressed the precise issue of whether congressional districts established by a state presented a justiciable issue in federal courts. It held that Article I, section 2 of the Constitution requires that state legislatures must apportion congressional districts to insure as nearly as is practicable that they contain equal numbers of people.. The case involved qualified voters who brought an action to have a Georgia statute establishing congressional districts declared invalid. Plaintiffs urged that the numbers of voters in Georgia's several congressional districts were so disproportionate that they were deprived of the full benefit of their right to vote, in violation of both article I, section 2, and the fourteenth amendment of the Constitution of the United States. This article analyzes this decision and considers each Justices’ positions.

Keywords: Wesberry v. Sanders, Equal Protection, Voting Rights

Suggested Citation

Furnish, Dale Beck, Constitutional Law -- Elections -- Validity of Congressional Districting (1964). Iowa Law Review, Vol. 50, p. 163, 1964, Available at SSRN: https://ssrn.com/abstract=1428604

Dale Beck Furnish (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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