768—769, the last of these propositions is manifestly untenable, and need not be dealt with further. 1, at p. 2, 93 L.Ed. 1432, as authority that the District Court lacked jurisdiction of the subject matter. Thayer, 143 U.S. 135, 12 S.Ct. 1262, in which Mr. Justice Rutledge concurred in this Court's refusal to note the appeal from a dismissal for want of equity, is sufficiently explained by his statement in Cook v. Fortson, supra: 'The discretionary exercise or nonexercise of equitable or declaratory judgment jurisdiction * * * in one case is not precedent in another case where the facts differ.' 475, 18 L.Ed. Along with his two younger brothers and his parents, Charles and Betty, he moved to Washington, D.C., in 1969 for his father's career. Yet, as stated in Ex parte Yarbrough, 110 U.S. 651, 663—664, 4 S.Ct. II, §§ 5 and 6: 'Sec. The statistics found in the United States Census of Population, 1950, Volume II, Part 42 (Tennessee), Table 42, at 92—97, suggest that the residence requirement, in particular, may be an unknown variable of considerable significance. VIII, § 1. '* * * (I)f the Circuit Court had entered upon this inquiry, by what rule could it have determined the qualification of voters upon the adoption or rejection of the proposed constitution, unless there was some previous law of the State to guide it? 'It is true that in this case the militia were not called out by the President. 364 U.S. at 347, 81 S.Ct. The 1957 Act, § 2, abolished the Twenty-seventh Joint Representative District, which had included Shelby and Fayette Counties. 220, 222, 75 L.Ed. 361; Hebert v. Louisiana, 272 U.S. 312, 316—317, 47 S.Ct. 873) and cases cited.'. Discrimination against a voter on account of race has been penalized (Ex parte Yarbrough, 110 U.S. 651, 4 S.Ct. I, § 34; Art. A Decision of Tremendous Potential. 1014; or in Snowden v. Hughes, 321 U.S. 1, 64 S.Ct. XV, § 13, provided that the federal censuses and interim state decennial enumerations should serve as the bases of representation for both houses, but did not expressly require either numerical equality or reapportionment at fixed intervals. 3. 316; Doe ex dem. The General Assembly's call for a 1953 Constitutional Convention originally contained a provision 'relating to the appointment (sic) of representatives and senators' but this was excised. The defendants have not yet had an opportunity to be heard in defense of the State's system of apportionment; indeed, they have not yet even filed an answer to the complaint. 189, 191—192 (1957). 1014; Clark v. Allen, 331 U.S. 503, 67 S.Ct. The widely heralded case of Colegrove v. Green, 328 U.S. 549, 66 S.Ct. 635, 14 L.Ed. This is not to say that some of the disparity cannot be explained, but when the entire table is examined—comparing the voting strength of counties of like population as well as contrasting that of the smaller with the larger counties—it leaves but one conclusion, namely that Tennessee's apportionment is a crazy quilt without rational basis. The complaint, alleging that by means of a 1901 statute of Tennessee apportioning the members of the General Assembly among the State's 95 counties,1 'these plaintiffs and others similarly situated, are denied the equal protection of the laws accorded them by the Fourteenth Amendment to the Constitution of the United States by virtue of the debasement of their votes,' was dismissed by a three-judge court convened under 28 U.S.C. Id., at 77.21. Contrary to the suggestion of my Brother HARLAN, the Court does not say or imply that 'state legislatures must be so structured as to reflect with approximate equality the voice of every voter.' It is surely beyond argument that those who have the responsibility for devising a system of representation may permissibly consider that factors other than bare numbers should be taken into account. 738; United States v. Sandoval, 231 U.S. 28, 34 S.Ct. 1949), 551—552. On the other hand, the implication of the Guaranty Clause in a case concerning congressional action does not always preclude judicial action. See Texas v. Interstate Commerce Commission, 258 U.S. 158, 162, 42 S.Ct. 4, § 3, 1, N.J.S.A. See, e.g., Celler, Congressional Apportionment—Past, Present, and Future, 17 Law & Contemp.Prob. * * *'131 And in an effort to curb and political dominance of metropolitan regions, at least ten States now limit the maximum entitlement of any single county (or, in some cases, city) in one legislative house—another source of substantial numerical disproportion.132, Moreover, it is common knowledge that the legislatures have not kept reapportionment up to date, even where state constitutions in terms require it.133 In particular, the pattern of according greater per capita representation to rural, relatively sparsely populated areas—the same pattern which finds expression in various state constitutional provisions,134 and which has been given effect in England and elsewhere135—has, in some of the States, been made the law by legislative inaction in the face of population shifts.136 Throughout the country, urban and suburban areas tend to be given higher representation ratios than do rural areas.137. 366 U.S. 907, 81 S.Ct. The court went on to express doubts as to the feasibility of the various possible remedies sought by the plaintiffs. 1107; cf. 1101, 1104, 1105, 6 L.Ed.2d 393. 'From a review of (numerous Supreme Court) * * * decisions there can be no doubt that the federal rule, as enunciated and applied by the Supreme Court, is that the federal courts, whether from a lack of jurisdiction or from the inappropriateness of the subject matter for judicial consideration, will not intervene in cases of this type to compel legislative reapportionment.' The urban-rural conflict is often the core of apportionment controversy. 1), 253 U.S. 221, 40 S.Ct. Mr. Chief Justice Hughes, for the Court, in Coleman v. Miller, 307 U.S. 433, 454—455, 59 S.Ct. The extent of legislative authority to alter these districts is unclear, but it appears that the structure of three contiguous counties for each of forty-four districts is meant to be permanent. 'No tribunal or department in our system of governments ever can be lawfully authorized to dispense with the laws, like some of the tyrannical Stuarts, or to repeal, or abolish, or suspend the whole body of them; or, in other words, appoint an unrestrained military dictator at the head of armed men. 92, 58 L.Ed. The discrimination here does not fit any pattern—as I have said, it is but a crazy quilt. 757, 88 L.Ed. XXI, XXII; Neb.Const.1866—1867, Art. The question whether the named defendants are sufficient parties remains open for consideration on remand. University of Oklahoma, Bureau of Government Research, The Apportionment Problem in Oklahoma (1959), 16—29. 995, 996. 368, 96 L.Ed. This constitution provided for universal manhood suffrage (with certain qualifications); and it was to be adopted by vote of the people at elections at which a similarly expansive franchise obtained. A federal court enforcing the Federal Constitution is not, to be sure, bound by the remedial doctrines of the state courts. 726. III, § 4. Co. v. Brownell, 294 U.S. 580, 584, 55 S.Ct. A citizen's right to a vote free of arbitrary impairment by state action has been judicially recognized as a right secured by the Constitution, when such impairment resulted from dilution by a false tally, cf. See Bickel, Foreword: The Passive Virtues, 75 Harv.L.Rev. But even so the remedy in this situation clearly does not lie with the courts. Where the performance of a 'duty' is left to the discretion and good judgment of an executive officer, the judiciary will not compel the exercise of his discretion one way or the other (Commonwealth of Kentucky v. Dennison, 24 How. * * *'130 More than twenty States now guarantee each county at least one seat in one of their houses regardless of population, and in nine others county or town units are given equal representation in one legislative branch, whatever the number of each unit's inhabitants. * * * (T) he equal protection clause is not a command of candor. 972, 83 L.Ed. IV, § 4, of the Constitution, guaranteeing to the States 'a Republican Form of Government,'22 is not enforceable through the courts. 534, 67 L.Ed. 824, the District Court relying upon this Court's series of decisions beginning with Colegrove v. Green, 328 U.S. 549, 66 S.Ct. If approved, Kafker would become the governor’s fifth appointment to the seven-member court since taking office in 2015. 435, 439, 43 L.Ed. 'Twenty-second district—Giles, Lawrence and Wayne. In 1901 the population was 2,020,616, of whom 487,380 were eligible to vote.11 The 1960 Federal Census reports the State's population at 3,567,089, of whom 2,092,891 are eligible to vote.12 The relative standings of the counties in terms of qualified voters have changed significantly. Co. v. State of Louisiana, 179 U.S. 89, 21 S.Ct. Indeed, I would hardly think it unconstitutional if a state legislature's expressed reason for establishing or maintaining an electoral imbalance between its rural and urban population were to protect the State's agricultural interests from the sheer weight of numbers of those residing in its cities. Frankfurter, joined by Justice John Marshall Harlan II, dissented vigorously and at length, arguing that the Court had cast aside history and judicial restraint, and violated the separation of powers between legislatures and Courts. 620. But deference rests on reason, not habit.38 The question in a particular case may not seriously implicate considerations of finality—e.g., a public program of importance (rent control) yet not central to the emergency effort.39 Further, clearly definable criteria for decision may be available. 650, 666, 37 L.Ed. See, e.g., Home Building & Loan Ass'n v. Blaisdell, 290 U.S. 398, 426, 54 S.Ct. 617, 618—619 (1958). See 327 U.S. at 683, 66 S.Ct. Nor do those allegations shift to the appellees the burden of proving the constitutionality of this state statute; as is so correctly emphasized by my Brother STEWART (369 U.S., p. 266, 82 S.Ct., p. 737), this Court has consistently held in cases arising under the Equal Protection Clause that "the burden of establishing the unconstitutionality of a statute rests on him who assails it.' 351; but see Coyle v. Smith, 221 U.S. 559, 31 S.Ct. § 1343(4) gives the federal courts authority to award damages or issue an injunction to redress the violation of 'any Act of Congress providing for the protection of civil rights, including the right to vote.' 470. Ga.Const.1868, Art. 649, 652. 1, 58 L.Ed. It is addressed to the framework and political character of the government by which the statute levying the tax was passed. For detailed discussion, see Craig, Parliament and Boundary Commissions, (1959) Public Law 23. That formula computes a county's 'total representation' by adding (1) the number of 'direct representatives' the county is entitled to elect; (2) a fraction of any other seats in the Tennessee House which are allocated to that county jointly with one or more others in a 'floterial district'; (3) triple the number of senators the county is entitled to elect alone; and (4) triple a fraction of any seats in the Tennessee Senate which are allocated to that county jointly with one or more others in a multicounty senatorial district. In all the people participated to some extent, through their representatives elected in the manner specially provided. This re-apportionment increased the political power of urban areas with greater population and reduced the influence of more rural areas. IV, § 1. There, the fact that the tribe was a separate polity served as a datum contributing to the result, and despite the consequences in a heated federal-state controversy and the opposition of the other branches of the National Government, the judicial power acted to reverse the State Supreme Court. 1815. Of course, numerically considered, 'These provisions invariably result in over-representation of the least populated areas. 700, 20 L.Ed. This is not only a euphoric hope. 113, 125—126, 20 L.Ed. In any event there is nothing judicially more unseemly nor more self-defeating than for this Court to make in terrorem pronouncements, to indulge in merely empty rhetoric, sounding a word of promise to the ear, sure to be disappointing to the hope. 2, § 1, A.R.S. Legislators have no immunity from the Constitution. 559, 1 L.Ed.2d 540. 'Twelfth district—Rutherford, Cannon, and DeKalb. The full text of the 1901 Act as amended appears in an Appendix to this opinion, 369 U.S., p. 237, 82 S.Ct., p. 720. 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