Branch v. Smith, 538 U.S. 254, 41 (2003)

Page:   Index   Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

294

BRANCH v. SMITH

Opinion of O'Connor, J.

requirement. Compare Act of Feb. 25, 1882, ch. 20, § 3, 22 Stat. 6 ("[T]he number to which such State may be entitled . . . shall be elected by Districts . . . , no one District electing more than one Representative" (emphasis added)), with ibid. (". . . shall be elected at large, unless the Legislatures of said States have provided or shall otherwise provide before the time fixed by law for the next election of Representatives therein" (emphasis added)); Act of Feb. 7, 1891, ch. 116, § 3, 26 Stat. 735 ("[T]he number to which such State may be entitled . . . shall be elected by districts" and "[t]he said districts shall be equal to the number of Representatives to which such State may be entitled in Congress, no one district electing more than one Representative" (emphasis added)), with § 4, 26 Stat. 736 ("[S]uch additional Representative or Representatives shall be elected by the State at large" (emphasis added)); Act of Jan. 16, 1901, ch. 93, § 3, 31 Stat. 734 ("[T]he number to which such State may be entitled . . . shall be elected by districts" and "[t]he said districts shall be equal to the number of Representatives to which such State may be entitled in Congress, no one district electing more than one Representative" (emphasis added)), with § 4, 31 Stat. 734 ("[I]f the number hereby provided for shall in any State be less than it was before the change hereby made, then the whole number to such State hereby provided for shall be elected at large, unless the legislatures of said States have provided or shall otherwise provide before the time fixed by law for the next election of Representatives therein" (emphasis added)); Act of Aug. 8, 1911, ch. 5, § 3, 37 Stat. 14 ("[T]he Representatives . . . shall be elected by districts" and "[t]he said districts shall be equal to the number of Representatives to which such State may be entitled in Congress, no one district electing more than one Representative" (emphasis added)), with § 4, 37 Stat. 14 ("[S]uch additional Representative or Representatives shall be elected by the State at large . . . until such State shall be redistricted in the manner provided by the laws thereof").

Page:   Index   Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

Last modified: October 4, 2007