State ex rel. Davis v. Hildebrant

Citations

• 94 Ohio St. 154
• 114 N.E. 55
• 1916 Ohio LEXIS 155

Syllabus

<p>Congressional districts — Power to redistrict — Section 4, Article I, U. S. Constitution — Term “legislature” comprehends legislative power, including referendum — Sections 1 and lc, Article II, Ohio Constitution, 1912 — Legislative act invalid if defeated by referendum, when — Effect of congressional apportionment act (37 U. S. Stats, at Large, 14) —Jurisdiction of courts — Judicial and political questions.</p> <p>1. The term “legislature,” in Section 4, Article I of the United States Constitution, comprehends the entire legislative power of the state; and, as so used, includes not only the two branches of the general assembly but the popular will as expressed in the referendum provided for in Sections 1 and lc of Article II of the Ohio Constitution.</p> <p>2. If a congressional redistricting act, passed by the general assembly and lawfully submitted to a referendum for popular vote under the foregoing provisions, fails of approval by a majority of those voting upon the same, such act is invalid and inoperative.</p> <p>3. Under the latter clause of Section 4, Article I of the United States Constitution, complete and plenary power over state legislation enacted thereunder rests in the federal congress, and its laws supersede all state regulations upon the same subject. Under its grant of power to “make or alter such regulations,” congress did, by its apportionment act of August 8, 1911, legislate upon the subject, by recognizing as lawful such congressional districts as may be created in the manner provided by the laws of those states employing the constitutional referendum.</p> <p>4. Where a ministerial officer assumes to act under a law or constitutional provision which is claimed to be invalid or of doubtful construction, although the election of an officer is indirectly involved, the subject-matter becomes one for judicial cognizance and is not political.</p>