Gray v. Sanders/Concurrence Stewart

Mr. Justice STEWART, whom Mr. Justice CLARK joins, concurring.

In joining the opinion and judgment of the Court, I emphasize what-but for my Brother HARLAN'S dissent-I should have thought would be apparent to all who read the Court's opinion. This case does not involve the validity of a State's apportionment of geographic constituencies from which representatives to the State's legislative assembly are chosen, nor any of the problems under the Equal Protection Clause which such litigation would present. We do not deal here with 'the basic ground rules implementing Baker v. Carr.' This case, on the contrary, involves statewide elections of a United States Senator and of state executive and judicial officers responsible to a statewide constituency. Within a given constituency, there can be room for but a single constitutional rule-one voter, one vote. United States v. Classic, 313 U.S. 299, 61 S.Ct. 1031, 85 L.Ed. 1368.