^. The dissenting opinion of MR. JUSTICE FRANKFURTER, in which I Martin v. Mott, 12 Wheat.19; Lamar v. Browne, 92 U.S. 187, 193; Hamilton v. Kentucky Distilleries & Warehouse Co., 251 U.S. 146; Kahn v. Anderson, 255 U.S. 1. Baker v. Carr. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population . Traditionally, particularly in the South, the populations of rural areas had been overrepresented in legislatures in proportion to those of urban and suburban areas. The Court today reverses a uniform course of decision established by a dozen cases, including one by which the very claim now sustained was unanimously rejected [369 U.S. 186, 267] only five years ago. The power was provided. ^. ^. The impressive body of rulings thus cast aside reflected the equally uniform course of our political history regarding the relationship between population and legislative representation a wholly different matter from denial of the franchise to individuals because of race, color, religion or sex. 407; Tiger v. Western Investment Co., 221 U.S. 286; United States v. Sandoval, 231 U.S. 28. In determining this issue nonjusticiable, the Court was sensitive to the same considerations to which its later decisions have given the varied applications already discussed. No shift of power but works a corresponding shift in political influence among the groups composing a society. See 14 Stat. A lack of political question, previous court intervention in apportionment affairs and equal protection under the 14th amendment gave the court enough reason to rule on legislative apportionment. IV, 4, that this, too, was an authority committed solely to Congress; that Congress had empowered the President, not the courts, to enforce it, and that it was inconceivable that the courts should assume a power to make determinations in the premises which might conflict with those of the Executive. ^. E.g., Myers v. Anderson, 238 U.S. 368; Nixon v. Condon, 286 U.S. 73; Lane v. Wilson, 307 U.S. 268; Smith v. Allwright, 321 U.S. 649. ^. 1), 178 U.S. 548; Walton v. House of Representatives, 265 U.S. 487; Snowden v. Hughes, 321 U.S. 1. Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000. But as the very nature of the controversy was Federal, and, therefore, jurisdiction existed, whilst the opinion of the court as to the want of merit in the cause of action might have furnished ground for dismissing for that reason, it afforded no sufficient ground for deciding that the action was not one arising under the Constitution and laws of the United States." It meanwhile provided for the calling of its own convention, which drafted a constitution that went peacefully into effect in 1843. A. Iowa Const., 1857, Art. BAKER v. CARR GUY-URIEL E. CHARLES* Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. For detailed discussion, see Craig, Parliament and Boundary Commissions, [1959] Public Law 23. [32] But they are permitted to vote, and their votes are counted. It represents long judicial thought and experience. Accordingly, I believe the complaint should have been dismissed for 'failure to state a claim upon which relief can be granted. Charles BAKER et al., Plaintiffs, v. Joe C. CARR et al., Defendants. 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. 335, 341-342 (1957). The Framers of the Constitution persistently rejected a proposal that embodied this assumption, and Thomas Jefferson never entertained it. . 1 Together with No. Key Concepts: Terms in this set (12) Year Decided. III, 3. 1971(c), amending R.S. For an excellent case study of numerical inequalities deriving solely from a "one member per county" minimum provision in Ohio, see Aumann, Rural Ohio Hangs On, 46 Nat.Mun.Rev. InMcDougall v. Green[1948] the District Court dismissed for want of jurisdiction, which had been invoked under 28 u.s.c. dissent of baker v. carr. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an Ogg, English Government and Politics (2d ed.1936) (hereafter Ogg), 248-250, 257; Seymour, Electoral Reform in England and Wales (1915) (hereafter, Seymour), 46-47. Cf. Of course, numerically considered, "These provisions invariably result in over-representation of the least populated areas." . ^. . Baker v. Carr, which Chief Justice Warren called "the most vital decision" handed down during his long and eventful tenure on the Court, started a reapportionment revolution that helped to establish the "one person, one vote" precept formally announced in Gray v. Sanders (1964) and confirmed in Wesberry v. Sanders (1964) and Reynolds v. Legislative inaction and state constitutional provisions rejecting the principle of equal numbers have both contributed to the generally prevailing numerical inequality of representation in this country. ^. Ga.Const., 1868, Art. The statute required Tennessee to update its apportionment of It jeopardizes unnecessarily the judicial function. Baker v. ^. A hypothetical claim resting on abstract assumptions is now for the first time made the basis for affording illusory relief for a particular evil even though it foreshadows deeper and more pervasive difficulties in consequence.
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