10
RUCHO v. COMMON CAUSE
Opinion of the Court
member districts for the first time, specified that those
districts be “composed of contiguous territory,” Act of June
25, 1842, ch. 47, 5 Stat. 491, in “an attempt to forbid the
practice of the gerrymander,” Griffith, supra, at 12. Later
statutes added requirements of compactness and equality
of population. Act of Jan. 16, 1901, ch. 93, §3, 31 Stat.
733; Act of Feb. 2, 1872, ch. 11, §2, 17 Stat. 28. (Only the
single member district requirement remains in place
today. 2 U. S. C. §2c.) See Vieth, 541 U. S., at 276 (plurality
opinion). Congress also used its Elections Clause power in
1870, enacting the first comprehensive federal statute
dealing with elections as a way to enforce the Fifteenth
Amendment. Force Act of 1870, ch. 114, 16 Stat. 140.
Starting in the 1950s, Congress enacted a series of laws to
protect the right to vote through measures such as the
suspension of literacy tests and the prohibition of Englishonly elections. See, e.g., 52 U. S. C. §10101 et seq.
Appellants suggest that, through the Elections Clause,
the Framers set aside electoral issues such as the one
before us as questions that only Congress can resolve. See
Baker, 369 U. S., at 217. We do not agree. In two areas—
one-person, one-vote and racial gerrymandering—our
cases have held that there is a role for the courts with
respect to at least some issues that could arise from a
State’s drawing of congressional districts. See Wesberry v.
Sanders, 376 U. S. 1 (1964); Shaw v. Reno, 509 U. S. 630
(1993) (Shaw I ).
But the history is not irrelevant. The Framers were
aware of electoral districting problems and considered
what to do about them. They settled on a characteristic
approach, assigning the issue to the state legislatures,
expressly checked and balanced by the Federal Congress.
As Alexander Hamilton explained, “it will . . . not be denied that a discretionary power over elections ought to
exist somewhere. It will, I presume, be as readily conceded
that there were only three ways in which this power could