Judges in Politics: USA

Abstract

‘HISTORIC’, ‘MOMENTOUS’ AND ‘REVOLUTIONARY’ ARE ONLY A FEW OF the epithets freely bestowed upon the case of Baker v. Carr. By that justly celebrated judgment of 26 March 1962 the US Supreme Court implied for the first time that the weight of an American's vote might no longer depend on whereabouts in the country he lived. It did so by ruling that a scheme of apportionment which permitted inequalities of population between electoral districts represented in a state's legislature could be challenged in federal (not merely state) courts, which had competence to protect the right in question. The tide of ensuing litigation attained a new level on I7 February 1964, when the Court in Wesberry v. Sanders held that a like symmetry must prevail among US Congressional districts also. High-water mark was reached on 15 June of that year with Reynolds v. Sims, where the constitution was held to requirethat the seats of both houses of a bicameral state legislature must be apportioned on a population basis. Simply stated, an individual's right to vote for state legislators is unconstitutionally impaired when its weight is in a substantial fashion diluted when compared with votes of citizens living in other parts of the State.