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Articles 61 - 90 of 149
Full-Text Articles in Election Law
Effective Representation And Multimember Districts, Michigan Law Review
Effective Representation And Multimember Districts, Michigan Law Review
Michigan Law Review
The Supreme Court has not decided a case involving an assertion of the claim that a multimember district denies the right of effective representation since Fortson and Burns. However, there have been several subsequent challenges in lower courts to the validity of such districts, and these challenges have generally failed because the factual evidence did not demonstrate conclusively that the voting strength of a legally cognizable racial or political element had been minimized or cancelled. In Chavis v. Whitcomb, however, a three-judge federal district court in Indiana found that the plaintiff had presented sufficient factual evidence to sustain …
Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review
Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review
Michigan Law Review
Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Michigan Law Review
In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …
Reapportionment--Legislative Bodies--Significant Deviation From Standard Of Substantial Population Equality Of State Legislative Districts Is Permissible To Provide Representatives For Two Island Counties--Vigneault V. Secretary Of The Commonwealth, Michigan Law Review
Michigan Law Review
Since Baker v. Carr, when the Supreme Court overruled a long line of earlier decisions and concluded that the relationship of the equal protection clause to a state's power to create geographical districts for legislative representation was a justiciable issue, state apportionment plans have come under increasing judicial scrutiny. In Gray v. Sanders, the Court held invalid a Georgia primary election plan which favored voters from rural areas. Although Gray dealt with the dilution of individual voting rights rather than legislative reapportionment, it is important as the first enunciation of the now-famous "one man-one vote" test. Specifically, the …
Reapportionment: Success Story Of The Warren Court, Robert B. Mckay
Reapportionment: Success Story Of The Warren Court, Robert B. Mckay
Michigan Law Review
The fascinating thing about this major engagement of the Warren Court is that the principal decisions came to the Court late-1962 and after. Although these decisions precipitated a revolution in the concept and practice of legislative representation at every level of government, they were implemented quickly and with surprisingly little dislocation. The following remarks are intended to report the fact of that adjustment and to explain, to the extent the phenomenon is now understandable, why the change was so easily accomplished. When compared with the delay in public acceptance of decisions in the other areas mentioned above, the success of …
Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick
Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick
Michigan Law Review
Those who have become accustomed to keep one ear cocked for the five-part harmony relentlessly ground out by the mimeograph machines at NLRB headquarters on Pennsylvania Avenue-those whom one may call professional Board-watchers-have doubtless noticed how fashions come and go in the subjects of NLRB litigation. It is as if the interest of litigants as easily wanes as does that of the reader of opinions, for there is a fairly regular succession of themes, each to be developed for a time until, as though by common consent, attention swings toward a different problem entirely. The wave of the present, I …
Freezing Voter Qualifications To Aid Negro Registration, Michigan Law Review
Freezing Voter Qualifications To Aid Negro Registration, Michigan Law Review
Michigan Law Review
The literacy test, used by many states in determining the qualifications of voters, has proved to be a major obstacle to the elimination of voter discrimination based on racial characteristics. Under recently enacted statutory provisions, citizens who attempt to register to vote in certain states are faced with test questions of such difficulty that it is virtually impossible to answer them satisfactorily. Where there is permanent voter registration, the effect is to secure a position of political dominance for those registered prior to the institution of the tests. In those states in which individuals had been denied registration by prior …
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Michigan Law Review
Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …
Some Comments On The Reapportionment Cases, Paul G. Kauper
Some Comments On The Reapportionment Cases, Paul G. Kauper
Michigan Law Review
Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …
Court, Congress, And Reapportionment, Robert B. Mckay
Court, Congress, And Reapportionment, Robert B. Mckay
Michigan Law Review
In the United States, governmental power is divided vertically between nation and states and horizontally, at the national level, among the executive, legislative, and judicial branches. The Constitution leaves the lines of demarcation deliberately imprecise. Thus, from the beginning it was easy to predict that among those holders of power there would be tension (at least), conflict (probably), or total collapse (a possibility). The miracle of the American governmental system, with just this complexity and lack of definition, is the fact of its survival. It is not at all surprising that there have been a number of crises, some of …
Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review
Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review
Michigan Law Review
The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …
Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle
Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle
Michigan Law Review
Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …
The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
Michigan Law Review
The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Michigan Law Review
In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.
Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser
Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser
Michigan Law Review
It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Michigan Law Review
If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.
Some Current Thinking On Voting Rights, Michigan Law Review
Some Current Thinking On Voting Rights, Michigan Law Review
Michigan Law Review
This issue of the Review is devoted to a consideration of certain selected problems of present interest in the area of voting rights.
Constitutional Law - Freedom Of Speech And Press - Prohibitions On The Publication Or Distribution Of Anonymous Campaign Literature, Frank G. Reeder S.Ed.
Constitutional Law - Freedom Of Speech And Press - Prohibitions On The Publication Or Distribution Of Anonymous Campaign Literature, Frank G. Reeder S.Ed.
Michigan Law Review
Defendant was charged under a federal statute' with the publication and distribution of a pamphlet which concerned a candidate for United States Senator in a special senatorial election and which did not contain the name of the person or group responsible for its publication and distribution as required by the statute. The defendant alleged that his occupation as a farmer made him particularly subject to regulation by the federal government, and that he feared coercion or reprisals from the federal representatives with whom he dealt if he complied with the statute's disclosure requirement. On motion to dismiss the information on …
Civil Rights - Elections - Federal Injunction Against Racial Discrimination, Robert Jillson
Civil Rights - Elections - Federal Injunction Against Racial Discrimination, Robert Jillson
Michigan Law Review
In September 1958, in its first complaint under the Civil Rights Act of 1957, the United States sought to enjoin certain election registrars and deputy registrars in Terrell County, Georgia from continuing racially-discriminatory practices in their registration of voters. The defendants, claiming the 1957 statute to be unconstitutional, moved for dismissal. The district court granted defendants' motion, rejecting government arguments that the subsection authorizing suit by the United States was limited to cases, like the case before the Court, of discrimination by the state. On direct appeal to the Supreme Court, held, reversed. Because the alleged racial discrimination by …
Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.
Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.
Michigan Law Review
At a general election on November 6, 1956, voters of the state of Washington approved by popular initiative a reapportionment of the legislature based upon political sub-divisions as described in the federal census of 1950. On December 6, 1956, the governor proclaimed the measure to be law and it was enrolled as chapter 5, Laws of 1957. At the regular 1957 session of the state legislature, chapter 289, revoking the initiative and calling for the use of the election precinct as the unit · of population for forming legislative districts, was passed by a vote of more than a two-thirds …
Corporations - Political Activities - Interpretation Of Statute Prohibiting Political Contributions By Corporation, George Kircos
Corporations - Political Activities - Interpretation Of Statute Prohibiting Political Contributions By Corporation, George Kircos
Michigan Law Review
Defendant corporation, organized to promote the recall of Senator Joseph R. McCarthy, was charged with violating section 346.12 of the Wisconsin statutes, which prohibits corporations doing business in Wisconsin from paying or contributing any money, etc., to promote or defeat the candidacy of any person for nomination, appointment, or election to any political office. The trial court entered a forfeiture judgment against the defendant. On appeal, held, reversed. The statutory phrase "doing business" was intended to limit the scope of the prohibition to corporations organized for profit. Corporations, such as the defendant, organized solely for political purposes are not …
Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed.
Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed.
Michigan Law Review
The Jaybird Democratic Association was formed in Fort Bend County, Texas, in 1889. Membership was open to all white voters in the county. The association was not governed by the state statute regulating political parties. Candidates nominated by the Jaybird Party entered the Democratic county primary as individuals, not as Jaybird candidates, but those candidates won both the Democratic primary and the general election with only one exception in the entire history of the Jaybird Party. Terry, a Negro, sought a declaratory judgment and injunction permitting Negroes to vote in the Jaybird primary. The federal district court ruled that the …
International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.
International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.
Michigan Law Review
Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through "voting in a political election in a foreign state." Held, petitioner had not lost her citizenship. The Rodach election was held in "territory then ruled and governed by the United States and …
Municipal Corporations - Rescission By Electorate Of Approval To Issue Bonds - Use Of Referendum Power To Prevent Action By The Majority, Robert P. Griffin S.Ed.
Municipal Corporations - Rescission By Electorate Of Approval To Issue Bonds - Use Of Referendum Power To Prevent Action By The Majority, Robert P. Griffin S.Ed.
Michigan Law Review
At their annual meeting, the voters of a Vermont city approved the issuance of municipal bonds to finance erection of a sewage disposal plant. Before further action was taken, a group of citizens, acting in accordance with a charter provision, presented the mayor with a petition containing one hundred signatures which demanded that a special meeting he called to vote on a proposal to rescind the approval previously given. The voters refused to rescind. Twice thereafter petitions were filed with the mayor asking that special meetings be called to reconsider the question, but on each of these occasions the petitions …
Constitutional Law-Equal Protection Clause-County Unit Vote, Charles Myneder S.Ed.
Constitutional Law-Equal Protection Clause-County Unit Vote, Charles Myneder S.Ed.
Michigan Law Review
Plaintiffs brought an action against defendants, Chairman of the Georgia State Democratic Executive Committee and others, to restrain adherence to a state statute providing that the County Unit Vote shall determine the outcome of a primary election. Under the statute each county is alloted a number of unit votes. The candidate receiving the highest popular vote in the county is awarded the unit votes of that county. Plaintiffs, residents of the most populous county in the state, alleged that their votes had on an average but one-tenth the weight of those in the other counties in the state. From a …
Constitutional Law-Equal Protection-State Restrictions In Nominations Of Candidates, David H. Armstrong S.Ed.
Constitutional Law-Equal Protection-State Restrictions In Nominations Of Candidates, David H. Armstrong S.Ed.
Michigan Law Review
The Progressive Party, unable to qualify as a political party for purposes of the Illinois primary election, sought to nominate candidates for state and national offices by petition. The Illinois Election Code provides that such nominating petitions shall include the signatures of at least 200 qualified voters from each of at least 50 counties in the state. Of the state's registered voters, 87 per cent reside in the 49 most populous counties. The State Officers Electoral Board found that the petitions were insufficient, and the Illinois Supreme Court denied a motion for leave to file a petition of mandamus to …
Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting
Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting
Michigan Law Review
Paradoxically enough, the "right" to be silent has been vociferously asserted by some of our most loquacious citizens. The current activities of Congressional investigating committees and the possible enactment of laws regulating participation in certain political affairs make timely a consideration of the basis for the assertion of the "right" and an attempt to determine the extent to which it may be said truly to be protected against intrusions by the state or national governments. It is proposed first to consider the question of secrecy in connection with the elective process itself and later to extend the inquiry into problems …
Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.
Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.
Michigan Law Review
The right of the negro to vote has constantly been challenged in attempts to destroy or at least to control the exercise of that right. The Fifteenth Amendment secures the right to vote free from interference on a racial basis by the states or the national government. In the states where there is a large negro population varied efforts have been attempted in order to control and nullify the negro vote. These efforts have been manifested in various forms-the grandfather clause, property ownership requirements, the poll tax, character tests, and literacy tests.
Constitutional Aspects Of Federal Anti-Poll Tax Legislation, Joseph E. Kallenbach
Constitutional Aspects Of Federal Anti-Poll Tax Legislation, Joseph E. Kallenbach
Michigan Law Review
The proposal to abolish by national law the requirement now prevailing in seven Southern states that voters shall have paid a poll tax in order to vote in any national election involves a constitutional issue of the first magnitude. In the decade immediately following the Civil War the constitutional division of authority between the national and state governments in dealing with the question of Negro suffrage became a point of bitter controversy in Congress. Out of this struggle came the Fourteenth and Fifteenth Amendments to the Constitution, with certain supporting legislation, the aim of which was to prohibit disfranchisement of …
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Michigan Law Review
Petitioners, three qualified Illinois voters, filed a proceeding in a United States district court composed of three judges, seeking a determination under the Federal Declaratory Judgment Act that the 1901 State Apportionment Act of Illinois was in violation of the Fourteenth Amendment and Article I of the Constitution, in that it denied to citizens of the United States the equal and unabridged right to vote for Congressmen. On direct appeal to the Supreme Court of a dismissal of the petition by the lower court, the complaint alleged that the statute apportioning the State of Illinois was void in that it …