baker v carr majority opinion

And, of course, no further consideration of the merits of the claim is relevant to a determination of the court's jurisdiction of the subject matter. See Doe v. Braden, 16 How. See . I, § 5, Art. Republican form of government: Luther v. Borden, 7 How. text following, on MacDougall v. Green.

1, see infra. 1, though in form simply an action for damages for trespass was, as Daniel Webster said in opening the argument for the defense, "an unusual case." Wilson v. North Carolina, 169 U.S. 586, simply dismissed an appeal from an unsuccessful suit to upset a State's removal procedure, on the ground that the constitutional claim presented — that a jury trial was necessary if the removal procedure was to comport with due process requirements — was frivolous. It has refused to pass on a claim relying on the Guaranty Clause to establish that Congress lacked power to allow the States to employ the referendum in passing on legislation redistricting for congressional seats.
Johnston, 112 U.S. 201, we considered whether persons had been removed from public office by procedures consistent with the Fourteenth Amendment's due process guaranty, and held on the merits that they had. Chief Justice Taney's opinion for the Court reasoned as follows: (1) If a court were to hold the defendants' acts unjustified because the charter government had no legal existence during the period in question, it would follow that all of that government's actions — laws enacted, taxes collected, salaries paid, accounts settled, sentences passed — were of no effect, and that "the officers who carried their decisions into operation [were] answerable as trespassers, if not in some cases as criminals." Morgan, 92 U.S. 480, and Foster v. Kansas ex rel.

. Nixon v. Herndon, 273 U.S. 536, 540.

ed. Ohio ex rel. Dillon v. Gloss, 256 U.S. 368.

[46] There was, of course, no room for application of any doctrine of de facto status to uphold prior acts of an officer not authorized de jure, for such would have defeated the plaintiff's very action. Since we hold that appellants have — if it develops at trial that the facts support the allegations — a cognizable federal constitutional cause of action resting in no degree on rights guaranteed or putatively guaranteed by the Tennessee Constitution, we do not consider, let alone enforce, rights under a State Constitution which go further than the protections of the Fourteenth Amendment. .

^ .


After noting that the plaintiffs challenged the existing legislative apportionment in Tennessee under the Due Process and Equal Protection Clauses, and summarizing the supporting allegations and the relief requested, the court stated that.


328 U.S. at 564, 565, n. 2. And in Texas v. White, 7 Wall. They are entitled to a hearing and to the District Court's decision on their claims. For example, though a court will not ordinarily inquire whether a treaty has been terminated, since on that question, "governmental action .

Of course, this Court was there precluded by the adequate state ground, and, in dismissing the appeal, 352 U.S. 920, we cited Anderson, supra, as well as Colegrove. Moreover, Chief Justice Marshall's dictum that "It savours too much of the exercise of political power to be within the proper province of the judicial department," id. Commentators have suggested that the following statement in MR. JUSTICE FRANKFURTER s opinion might imply a view that appellants there had no standing: 328 U.S. at 552.

The Court's opinion was joined by MR. JUSTICE DOUGLAS, noting his adherence to the dissents in Colegrove and South v. Peters, supra, and the judgment was concurred in by MR. JUSTICE WHITTAKER, who wrote that the decision should rest on the Equal Protection Clause, rather than on the Fifteenth Amendment, since there had been not solely a denial of the vote (if there had been that, at all), but also a "fencing out" of a racial group.

Dates of duration of hostilities: though it has been stated broadly that "the power which declared the necessity is the power to declare its cessation, and what the cessation requires," Commercial Trust Co. v. Miller, 262 U.S. 51, 57, here too analysis reveals isolable reasons for the presence of political questions, underlying this Court's refusal to review the political departments' determination of when or whether a war has ended. [52], In only a few other cases has the Court considered Art. ^ . ^ . Specifically, we have said that such claims are not held nonjusticiable because they touch matters of state governmental organization.

%PDF-1.6 %���� There, the question was whether a government republican in form could deny the vote to women. Whether, when the issue to be decided is one of the constitutional adequacy of this particular apportionment, taxation arguments and exhibits as now presented add anything, or whether they could add anything however presented, is for the District Court in the first instance to decide. Search.

The Census reported 259,016 male citizens 21 and upward in Tennessee. See Jaffe, Standing to Secure Judicial Review: Public Actions, 74 Harv.L.Rev. Why is the gurantee clause a political question?

179 F.Supp. Appendix to Tenn.S.J., 1871, 41-43. 103.

Such an objection "is little more than a play upon words." Seven members of the Court participated in the decision. endstream endobj 1157 0 obj <>/Metadata 166 0 R/PageLabels 1137 0 R/Pages 1139 0 R/StructTreeRoot 182 0 R/Type/Catalog>> endobj 1158 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1159 0 obj <>stream Co. v. Oregon, 223 U.S. 118. We conclude, then, that the nonjusticiability of claims resting on the Guaranty Clause, which arises from their embodiment of questions that were thought "political," can have no bearing upon the justiciability of the equal protection claim presented in this case. (1st Extra.Sess. See also United States v. Sprague, 282 U.S. 716, 732. Validity of enactments: in Coleman v. Miller, supra, this Court held that the questions of how long a proposed amendment to the Federal Constitution remained open to ratification, and what effect a prior rejection had on a subsequent ratification, were committed to congressional resolution and involved criteria of decision that necessarily escaped the judicial grasp. Snowdell v. Hughes, 321 U.S. 1, 11. ^ .

^ . He also joined with his brethren who shared his view that the issues were justiciable in considering that Wood v. Broom, 287 U.S. 1, decided no constitutional questions, but. Baker v Carr.

The argument that congressional redistricting problems presented a "political question" the resolution of which was confided to Congress might have been rested upon Art.

at 45. But deference rests on reason, not habit.

Acts of 1891, c. 22; Acts of 1891 (Extra.Sess.

He relied on Coleman v Miller, 307 U.S. 433, 438, 467. . This Court unanimously reversed. The Tenth Census of the United States, 1880, Compendium 596 (1883). The right asserted is within the reach of judicial protection under the Fourteenth Amendment. We hold that the claim pleaded here neither rests upon nor implicates the Guaranty Clause, and that its justiciability is therefore not foreclosed by our decisions of cases involving that clause. The complaint, alleging that, by means of a 1901 statute of Tennessee apportioning the members of the General Assembly among the State's 95 counties, [1] "these plaintiffs and others similarly situated, [p188] are denied the equal protection of the laws accorded them by the Fourteenth Amendment to the Constitution of the United States by virtue of the debasement of their votes," was dismissed by a three-judge court convened under 28 U.S.C. Hart v. Keith Vaudeville Exchange, 262 U.S. 271, 274.

It is, of course, a question of federal law. United States v. Classic, 313 U.S. 299; or by a refusal to count votes from arbitrarily selected precincts, cf. .

at 826. The express words of our holding were that.

Two of the opinions expressing the views of four of the Justices, a majority, flatly held that there was jurisdiction of the subject matter. 50, 77. ."

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