Baker v. Carr
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
|Baker v. Carr|
|Court||U.S. Supreme Court|
|Citation||369 U.S. 186 (1962)|
|Date decided||March 1962|
Prior to this case, state legislatures weren't organized by populations.In Colegrove v. Green, (1946), SCOTUS claimed that redistributing is a political question. SCOTUS won't decide on re-districting.
This case originated in Tennessee.
Whether an equal protection challenge to malapportionment of state legislatures is a non-justiciable political question.
Re-districting is a justiciable issue for SCOTUS.Apportionment cases can involve no federal constitutional right except one resting on the guaranty of a republican form of government, and complaints based on that clause have been held to present political questions which are non-justiciable.
"One person, one vote"
Issues involving political questions:
- a textually demonstrable constitutional commitment of the issue to a coordinate political department
- a lack of judicially discoverable and manageable standards for resolving it
- the impossibility of deciding without an initial policy determination of a kind clearly nonjudicial discretion
- the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government
- an unusual need for unquestioning adherence to a political decision already made
- the potentiality of embarrassment from multifarious pronouncements by various departments on one question
Dissent:The present case involves all the elements which have made the Guarantee Clause cases non-justiciable.
Case Text Links
- Case text at Khan Academy discussion with Theodore Olson & Guy-Uriel Charles
- Case text at Legal Information Institute of Cornell Law School