(Download) "Silver V. Brown" by Supreme Court Of California In Bank # eBook PDF Kindle ePub Free
eBook details
- Title: Silver V. Brown
- Author : Supreme Court Of California In Bank
- Release Date : January 11, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
TRAYNOR, C.J. In these proceedings petitioners sought writs of mandate to secure reapportionment of both houses of the Legislature. In an opinion filed September 1, 1965 (Silver v. Brown, ante, p. 270 [46 Cal. Rptr. 308, 405 P.2d 132]), we held that under the decisions of the United States Supreme Court the existing apportionments of both the Senate and the Assembly were invalid and that each house should be reapportioned in time for the 1966 elections. We concluded that the Legislature should have an opportunity to enact valid reapportionment legislation, but we announced temporary plans to become effective if the Legislature failed to enact valid plans of its own. We set forth limits within which an apportionment would carry at least a strong presumption of validity under the equal protection clause and beyond which it would be seriously suspect. Those limits are that no district depart from the ideal size by more than 15 per cent and that a majority of the members of each house be elected by the voters of districts containing at least 48 per cent of the total population. We retained jurisdiction to review any reapportionment legislation that might be enacted and to order our proposed plans into effect if necessary.
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