Page:Arizona State Legislature v. Arizona Independent Redistricting Comm’n.pdf/25

Rh Shively); cf. Shiel v. Thayer, Bartlett Contested Election Cases, H. R. Misc. Doc. No. 57, 38th Cong., 2d Sess., 351 (1861) (view of House Committee of Elections Member Dawes that Art. I, §4’s reference to “the Legislature” meant simply the “constituted authorities, through whom [the State] choose[s] to speak,” prime among them, the State’s Constitution, “which rises above … all legislative action”). Others anticipated that retaining the reference to “the legislature” would “condem[n] … any [redistricting] legislation by referendum or by initiative.” 47 Cong. Rec. 3436 (statement of Sen. Burton). In any event, proponents of the change maintained, “[i]n view of the very serious evils arising from gerrymanders,” Congress should not “take any chances in [the] matter.” Id., at 3508 (same). “[D]ue respect to the rights, to the established methods, and to the laws of the respective States,” they urged, required Congress “to allow them to establish congressional districts in whatever way they may have provided by their constitution and by their statutes.” Id., at 3436; see id., at 3508 (statement of Sen. Works).

As this Court observed in Hildebrant, “the legislative history of th[e] [1911 Act] leaves no room for doubt [about why] the prior words were stricken out and the new words inserted.” 241 U. S., at 568. The change was made to safeguard to “each State full authority to employ in the creation of congressional districts its own laws and regula­tions.” 47 Cong. Rec. 3437 (statement of Sen. Burton). The 1911 Act, in short, left the question of redistricting “to the laws and methods of the States. If they include initia­tive, it is included.” Id., at 3508.

While the 1911 Act applied only to reapportionment following the 1910 census, see Wood v. Broom, 287 U. S. 1, 6–7 (1932), Congress used virtually identical language when it enacted §2a(c) in 1941. See Act of Nov. 15, 1941, ch. 470, 55 Stat. 761–762. Section 2a(c) sets forth con­gressional-redistricting procedures operative only if the