baker v carr for dummies

Baker v. Carr, 369 U.S. 186 (1962) was a Supreme Court of the United States case which decided that reapportionment issues (attempts to change the way voting districts are delineated) present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases. (2018, December 21). "One-man, one-vote" was applied to congressional districts in 1965's Wesberry v. Sanders. Posted on September 26, 2012 | Constitutional Law | Tags: Constitutional Law Case Brief. 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.[4]. Plaintiff sued the Secretary of State of Tennessee for the legislature’s failure to redraw legislative voting districts since 1901. 21 Dec. 2018. Frankfurter, joined by Justice John Marshall Harlan II, dissented vigorously and at length, arguing that the Court had cast aside history and judicial restraint, and violated the separation of powers between legislatures and Courts. Frankfurter also objects to the terms in which the Baker plaintiffs have framed their argument. v. Joe. In 1964, the Supreme Court would hand down two cases, Wesberry v. Sanders and Reynolds v. Sims, which required the United States House of Representatives and state legislatures to establish electoral districts of equal population on the principle of one man, one vote. His entire concurrence is devoted to establishing what the court does and does not decide in Baker. Nonetheless, Clark says, it is difficult to see how Tennessee voters can expect relief from a legislature that has ignored the problem for so long. The state of Tennessee argued that the composition of legislative districts constituted a nonjusticiable political question, as the U.S. Supreme Court had held in Colegrove v. Green (1946). Baker v. Carr, 369 U.S. 186, was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question, thus enabling federal courts to hear redistricting cases. The courts, in Brennan's view, are to actively help litigants identify the nature of the injury and an appropriate remedy.

Baker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. Have study documents to share about Baker v. Carr?

This quotation is from an 1885 case that, though not directly related to Baker, helped to codify the principle of standing in American constitutional law. Lots of Essays. [6] He wrote: Having declared redistricting issues justiciable in Baker, the court laid out a new test for evaluating such claims. . Going forward, Brennan attempts to bring together all the "threads" that make up the concept of a political question. In LotsofEssays.com. This re-apportionment increased the political power of urban areas with greater population and reduced the influence of more rural areas. Retrieved October 1, 2020, from https://www.coursehero.com/lit/Baker-v-Carr/.

The Court today decides three things, and no more.

Cases that are political in nature are marked by: Justice Tom C. Clark switched his vote at the last minute to a concurrence on the substance of Baker's claims, which would have enabled a majority which could have granted relief for Baker. Baker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question, thus enabling federal courts to hear redistricting cases..

Frankfurter believed that relief for legislative malapportionment had to be won through the political process. Instead the Supreme Court remanded the case to the District Court. [3], The decision of Baker v. Carr was one of the most wrenching in the Court's history. It is inconceivable that guaranties embedded in the Constitution of the United States may be [...] manipulated out of existence. Book: Peltason, Jack W. . The State of Tennessee argued that legislative districts were essentially political, not judicial, questions, as had been held by a plurality opinion of the Court in Colegrove v. Green (1946), wherein Justice Felix Frankfurter declared that, "Courts ought not to enter this political thicket." The state of Tennessee argued that the composition of legislative districts constituted a nonjusticiable political question, as the U.S. Supreme Court had held in Colegrove In such cases, Brennan says, the political question doctrine does not apply. In Baker v. Frankfurter seizes on this colorful metaphor and argues that a vote, like a coin, cannot be "debased" unless there is some preexisting standard for its value. He worries that decisions such as Baker will impair the court's authority in other matters by "entangling" it in partisan politics. 1 Oct. 2020. Here, as in other cases, Frankfurter accuses Brennan of the latter—of enlarging the role of the courts and using them as a way of fighting all manner of wrongs. One such case is Baker v. Carr (1962), which greatly expanded the CourtÆs jurisdiction and thus its reach. In other words, the issue must not be merely academic or theoretical for the people involved in the suit. Of course, the mere fact that the suit seeks protection of a political right does not mean it presents a political question. Key to both Marshall's opinion (in Marbury) and Brennan's opinion (in Baker) is the idea that people have a broadly defined right to seek legal relief for injuries. Political questions are deemed nonjusticiable—not testable in court—precisely because they are more appropriately handled by branches other than the judiciary. Plaintiff Charles Baker was a Republican who lived in Shelby County, Tennessee, and had served as the mayor of Millington, Tennessee, near Memphis. LotsofEssays.com. (Similarly, the Tennessee Constitution had a provision that prevented counties from being split and portions of a county being attached to other counties or parts of counties in the creation of a legislative district.

"Baker v. Carr Study Guide." But several lesser-known cases, dealing with more arcane issues, have been equally important. The case arose from a lawsuit against the state of Tennessee, which had not conducted redistricting since 1901. The nonjusticiability of a political question is primarily a function of the separation of powers. In Baker V. Carr, Baker said that the law upheld by the Tennessee Constitution regarding the establishment of districts was a violation of the 14th Amendment to the United States Constitution. Justice Charles Evans Whittaker was so torn over the case that he eventually had to recuse himself, and the arduous decisional process in Baker is often blamed for Whittaker's subsequent health problems which forced him to resign from the Court.
https://www.khanacademy.org/.../us-gov-congressional-behavior/v/baker-v-carr This article is licensed under the GNU Free Documentation License. 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. C. Carr et al. Carr was not the person who set the district lines – the state legislature had done that – but was sued ex officio as the person who was ultimately responsible for the conduct of elections in the state and for the publication of district maps. LotsofEssays.com, (December 31, 1969). Create New Group. The doctrine of which we treat is one of 'political questions,' not 'political cases.'. Group Name. Web.

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