Baker v carr summary. Baker V. Carr Summary 2022-10-11

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Baker v Carr Flashcards

baker v carr summary

Acts of 1945, c. This was the finding of the District Court. . I find none other than through the federal courts. Government and Politics practice test Download your printable study guide for all of the required Supreme Court cases Our business hours are Monday-Friday from 9am-5pm ET.

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Required Supreme Court Case: Baker v. Carr (1962)

baker v carr summary

Garnett, into a legislature's records upon such a quest: if the enrolled statute lacks an effective date, a court will not hesitate to seek it in the legislative journals in order to preserve the enactment. § 2281 in the Middle District of Tennessee. Page 321 population shifts. Shaw, but see Coyle v. Carr, Colegrove; Gray, the decision established that Equal Protection ".

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Baker vs Carr summary

baker v carr summary

These demands will become even greater by 1970, when some 150 million people will be living in urban areas. However, I shall meet the charge on its own ground and by use of its 'adjusted Page 257 'total representation" formula show that the present apportionment is loco. This would leave to that court after remand the questions of the challenged statute's constitutionality and of some undefined, unadumbrated relief in the event a constitutional violation is found. The cases concerning war or foreign affairs, for example, are usually explained by the necessity of the country's speaking with one voice in such matters. I, § 4, of the Federal Constitution, we affirmed on the merits and expressly refused to dismiss for want of jurisdiction "In view. And see Castillo v.

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Baker v. Carr :: 369 U.S. 186 (1962) :: Justia US Supreme Court Center

baker v carr summary

Our conclusion, see 369 U. 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. Apportionment, by its character, is a subject of extraordinary complexity, involving—even after the fundamental theoretical issues concerning what is to be represented in a representative legislature have been fought out or compromised—considerations of geography, demography, electoral convenience, economic and social cohesions or divergencies among particular local groups, communications, the practical effects of political institutions like the lobby and the city machine, ancient traditions and ties of settled usage, respect for proven incumbents of long experience and senior status, mathematical mechanics, censuses compiling relevant data, and a host of others. Raines, As stated by Judge McLaughlin in Dyer v. This takes account of the restricted franchise as well as the effect of the local unit apportionment principle. Some expressly commit apportionment to state judicial review, see, e. Saylor, Chief Justice Holt stated in Ashby v.

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Baker v. Carr (1962)

baker v carr summary

In any event, there is nothing judicially more unseemly nor more self-defeating than for this Court to make in terrorem pronouncements, to indulge in merely empty rhetoric, sounding a word of promise to the ear sure to be disappointing to the hope. Majority Opinion In the majority opinion Justice William Joseph Brennan 1906—97 emphasizes the limitations of the political question doctrine, declaring that many issues that may appear political are still properly decided by the courts. Appellants complain of a practice which, by their own allegations, has been the law of Tennessee for sixty years. New Jersey, Risty v. JUSTICE WHITAKER did not participate in the decision of this case. Similar judicial action in the absence of a recognizedly authoritative executive declaration occurs in cases involving the immunity from seizure of vessels owned by friendly foreign governments. Allen, Compare with Compare Vermilya-Brown Co.

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Baker V. Carr Summary

baker v carr summary

IV, § 4, where, in fact, the gist of their complaint is the same -- unless it can be found that the Fourteenth Amendment speaks with greater particularity to their situation. See United States Department of Commerce, Census Release, February 24, 1962, CB62-23. If judicial competence were lacking to fashion an effective decree, I would dismiss this appeal. Appeal must be to an informed, civically militant electorate. Barrett, supra, which is on all fours with the present case, or to distinguish Kidd v.


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Baker v. Carr

baker v carr summary

We were soothingly told at the bar of this Court that we need not worry about the kind of remedy a court could effectively fashion once the abstract constitutional right to have courts pass on a state-wide system of electoral districting is recognized as a matter of judicial rhetoric, because legislatures would heed the Court's admonition. . And that reversal was itself reversed, Acts of 1919, c. The case had to be put over for reargument because in conference no clear majority emerged for either side of the case. The several state conventions throughout the first half of the nineteenth century were the scenes of fierce sectional and party strifes respecting the geographic allocation of representation. The municipalities of Knoxville and Chattanooga purport to represent their residents. Discrimination against a voter on account of race has been penalized Ex parte Yarbrough, Nixon v.

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Baker v. Carr

baker v carr summary

Holm, but in two opinions, one for three Justices, 328 U. The Reapportionment Act of that year, Tenn. Board of Supervisors, 339 U. Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims , shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule whether of the State of New Jersey or any other jurisdiction. Their complaint is simply that the representatives are not sufficiently numerous or powerful. An example of the extreme complexity of the task can be seen in a decree apportioning water among the several States.

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Baker v. Carr Plot Summary

baker v carr summary

Often in these cases illumination was found in the federal structures established by, or the underlying presuppositions of, the Constitution. Thus the Court, in cases involving discrimination against the Negro's right to vote, has recognized not only the action at law for damages, 4. But it is not necessary to decide that question in this case. In joining the opinion, I do not approve those decisions, but only construe the Court's opinion in this case as stating an accurate historical account of what the prior cases have held. After an argument at the last Term, the case was set down for reargument, 366 U. Appellants appear as representatives of a class that is prejudiced as a class, in contradistinction to the polity in its entirety.

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Baker v. Carr: Supreme Court Case, Arguments, Impact

baker v carr summary

Since they press the same claims as do the initial plaintiffs, we find it unnecessary to decide whether the intervenors would have standing to maintain this action in their asserted representative capacities. Justice Rutledge, 328 U. In sustaining appellants' claim, based on the Fourteenth Amendment, that the District Court may entertain this suit, this Court's uniform course of decision over the years is overruled or disregarded. Raines, United States v. Here, as in other parts of the instrument, we are compelled to resort elsewhere to ascertain what was intended. Such feeling must be nourished by the Court's complete detachment, in fact and in appearance, from political entanglements and by abstention from injecting itself into the clash of political forces in political settlements. They sought, inter alia, a declaratory judgment that the 1901 statute is unconstitutional and an injunction restraining certain state officers from conducting any further elections under it.

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