Davis v. Hildebrant - 241 U.S. 565 (1916)
U.S. Supreme Court
Davis v. Hildebrant, 241 U.S. 565 (1916)
Davis v. Hildebrant
Submitted May 22, 1916
Decided June 12, 1916
241 U.S. 565
Whether the guarantee of a republican form of government has been disregarded by the action of the people of a state in amending its Constitution presents no justiciable controversy, but involves the exercise by Congress of the authority vested in it by the Constitution.
Under the referendum amendment of 1912 to the Constitution of Ohio, the people of that state having disapproved of the state redistricting law passed after Congress had enacted the apportionment Act of 1911, and the state court having held that, under the referendum amendment, the legislative power was reserved in the people to be expressed by referendum held that:
The decision of the highest court of the state that, under such amendment, the legislative power of the state is now vested not only in the General Assembly, but also in the people by referendum, and that a law disapproved by the referendum was no law, is conclusive here.
Nothing in the act of Congress of August 8, 1911, 37 Stat. 13, apportioning representation among the states, prevents the people of a state from reserving a right of approval or disapproval by referendum of a state act redistricting the state for the purpose of congressional elections.
The facts, which involve the construction and effect of the referendum amendment of 1912 to the Constitution of the State of Ohio, are stated in the opinion.