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''Colegrove v. Green'', 328 U.S. 549 (1946),〔(Full text opinion from Justia.com )〕 was a United States Supreme Court case. Writing for a 4-3 plurality, Justice Felix Frankfurter held that the federal judiciary had no power to interfere with issues regarding apportionment of state legislatures.〔See Kim Isaac Eisler, A Justice for All: William J. Brennan, Jr., and the decisions that transformed America, 11, 168 (1993).〕 The Court held that Article I, section IV of the U.S. Constitution left to the legislature of each state the authority to establish the time, place, and manner of holding elections for representatives, and that only Congress (and thus not the federal judiciary) could determine whether individual state legislatures had fulfilled their responsibility to secure fair representation for citizens.〔Colegrove v. Green, 328 U.S. 549, 554-55 (1946).〕 However, in Baker v. Carr, 369 U.S. 186 (1962) the United States Supreme Court overturned the Ciolegrove decision holding that malapportionment claims under the Equal Protection Clause of the Fourteenth Amendment were not exempt from judicial review under Article IV, Section 4, as the equal protection issue in this case was separate from any political questions. The "One Person, One Vote" doctrine which requires electoral districts to be apportioned according to population, thus making each district roughly equal in population, was further cemented in the cases that followed Baker v. Carr, including Gray v. Sanders, 372 U.S. 368 (1963) which concerned state county districts, Reynolds v. Sims, 377 U.S. 533 (1964) which concerned state legislature districts, Wesberry v. Sanders, 376 U.S. 1 (1964) which concerned U.S. Congressional districts and Avery v. Midland County, 390 U.S. 474 (1968) which concerned local government districts, a decision which was upheld in Board of Estimate of City of New York v. Morris, 489 U.S. 688 (1989). == Ruling == ''Colegrove'' arose from the failure of Illinois to redistrict its Congressional delegation since 1901, despite internal migration that had left wide population disparities between various districts.〔http://supreme.justia.com/us/328/549/case.html〕 Three voters sued, asserting what would now be known as malapportionment: a rural county of 1,000 and an urban county of 100,000 would have an equal vote.〔 The court characterized the case as "an appeal to the federal courts to reconstruct the electoral process of Illinois in order that it may be adequately represented in the councils of the Nation. Because the Illinois legislature has failed to revise its Congressional Representative districts in order to reflect great changes, during more than a generation, in the distribution of its population, we are asked to do this, as it were, for Illinois." The court decided that this was a nonjusticiable question: "The remedy for unfairness in districting is to secure State legislatures that will apportion properly, or to invoke the ample powers of Congress."〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Colegrove v. Green」の詳細全文を読む スポンサード リンク
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