CONSTITUTIONAL LAW -IS REDISTRICTING OF A STATE FOR CONGRESSIONAL ELECTIONS AN EXERCISE OF THE LAWMAKING POWER OF THE STATE?

Authors

Abstract

The governor of Minnesota vetoed an act of the legislature dividing the state into congressional districts in accordance with the latest re-apportionment of the House of Representatives (46 Stat. 21, 26). Thereupon the state house of representatives by resolution directed the secretary of state to enroll the bill as a law. In an action started to test the validity of the law, held, Art. 1, Sec. 4 (1) of the Constitution of the United States provides that, "The time and place of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but Congress may at any time by law make or alter such regulations except as to places of choosing senators." The word "legislature" is used in its ordinary sense referring to the assembly of the state. The veto was therefore a nullity and the law is valid. State ex rel. Smiley v. Holm (Minn. 1931) 238 N. W. 494.

Recommended Citation

CONSTITUTIONAL LAW -IS REDISTRICTING OF A STATE FOR CONGRESSIONAL ELECTIONS AN EXERCISE OF THE LAWMAKING POWER OF THE STATE?, 30 Mich. L. Rev. 969 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss6/20