(DOWNLOAD) "William and Gretchen Hellar v. Pete T." by Supreme Court Of Idaho " Book PDF Kindle ePub Free
eBook details
- Title: William and Gretchen Hellar v. Pete T.
- Author : Supreme Court Of Idaho
- Release Date : January 04, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
This appeal from a district court judgment ordering reapportionment of the Idaho legislature is the sequel to Hellar v. Cenarrusa, 104 Idaho 858, 664 P.2d 765 (1983) (Hellar I). In Hellar I the district court had held that the reapportionment scheme of House Bill 830 of the second session of the Forty-Fifth Legislature (codified as I.C. Γ§ 67-202) violated art. 3, Γ§ 5 of the Idaho Constitution. That section provides that a "senatorial or representative District, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating such districts." (Emphasis added.) It has been the States position that violation of the Idaho constitutional provision is acceptable where it is compelled by adherence to the one person/one vote mandate of the equal protection clause of the federal Constitution. We agree that if both constitutional provisions could not be accommodated, the federal would take precedence. However, in Hellar I we stated: