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A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution. Baker v. Carr outlined that legislative apportionment is a justiciable non-political question. By the 1950s and 1960s, questions arose about whether the states’ division of voting districts was fair. The arduous decisional process in Baker is often blamed for Whittaker's subsequent health problems, which forced him to retire from the Court in 1962.
No court could review the President's exercise of discretion in this respect; no court could recognize as legitimate a group vying against the group recognized by the President as the lawful government. . Another theory states that prudential reasons allow courts to decline to adjudicate certain questions. . Their complaint is simply that the representatives are not sufficiently numerous or powerful. Baker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. 0 . h�b```"f�����a�s\`� �?\�/(c���cf�f2N����r�]��_\�lMA��YG̎���7�9S>awc��R��=F�i��%?>I``��v�w��\(:������#"�a���c���I�:v5���,8�8�Y�͋g��*�YͦlY For many decades states drew districts however they wanted. A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution. manageable standards'' are present in the text of the Constitution. %PDF-1.5 %���� Over the years, the political question doctrine has been applied to preclude adjudication of a variety of other issues.
Set for reargument May 1, 1961. Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. One theory argues that the Constitution of the United States sets the bounds of the doctrine when it gives responsibility to resolve certain questions to Congress or the president. endstream endobj startxref The ''label'' for such a case is that it presents a ''political question.'' The Supreme Court held that the constitutionality of legislative appointment schemes was not a political question and therefore was justiciable (i.e., the Court could hear the case and decide on the merits).The Court delineated a series of factors, at least one of which must be present, in order for the case to be a non-justiciable political question: (a) commitment of the issue to a branch of government other than the judiciary; (b) lack of standards for resolving the issue; (c) impossibility of the judiciary to resolve the issue without first making a policy determination; (d) a judicial decision of that matter as a lack of respect for other branches of government; (e) a political decision has already been made; or (f) the potential for multiple pronouncements by various branches on one question. The Doctrine Before Baker v. Carr .--Over the years, the political question doctrine has been applied to preclude adjudication of a variety of issues. This clause forces every individual citizen of the United States to be treated equally and without bias with regard to their pursuit of happiness. %%EOF 6.
Baker v. Carr was one of the first cases to help set up the principle of "one person, one vote." Verdict: Baker V. Carr. In short, the political question doctrine may not be moribund, but it does seem applicable to a very narrow class of cases. Baker v. Carr (1962) Argued: April 19–21, 1961 Re-argued: October 9, 1961 Decided: March 26, 1962 Background In the U.S. each state is responsible for determining its legislative districts. Begin typing to search, use arrow keys to navigate, use enter to selectCopyright © 2020, Thomson Reuters.
1653 0 obj <>stream . By holding that such cases were justiciable, the Supreme Court paved the way for federal courts (and not just state courts) to hear and decide on reapportionment issues. History of Baker v. carr A resident of Shelby County, Tennessee, Charles Baker, filed a lawsuit in 1959 against Joe Carr who was the the Secretary of State of Tennessee. No. Brennan also talked down Justices Black and Douglas from their usual absolutist positions to achieve a compromise.Appellants invoke the right to vote and to have their votes counted.
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