Justiciability
Political Question Doctrine
Baker v. Carr (1962)
369 U.S. 186 (1962)
Decision: Reversed and remanded
Vote: 6-2
Majority: Brennan, joined by Warren, Black, Douglas, Clark, Stewart
Concurrence: Douglas
Concurrence: Stewart
Dissent: Frankfurter, joined by Harlan
Dissent: Harlan, joined by Frankfurter
Not participating: Whittaker
CHIEF JUSTICE BRENNAN delivered the opinion of the Court.
…
This civil action was brought under 42 U. S. C. §§ 1983 and 1988 to redress the alleged deprivation of federal constitutional rights. The complaint, alleging that by means of a 1901 statute of Tennessee apportioning the members of the General Assembly among the State’s 95 counties, “these plaintiffs and others similarly situated, are denied the equal protection of the laws accorded them by the Fourteenth Amendment to the Constitution of the United States by virtue of the debasement of their votes,” was dismissed by a three-judge court convened under 28 U. S. C. § 2281 in the Middle District of Tennessee. The court held that it lacked jurisdiction of the subject matter and also that no claim was stated upon which relief could be granted. We noted probable jurisdiction of the appeal. We hold that the dismissal was error, and remand the cause to the District Court for trial and further proceedings consistent with this opinion …
Between 1901 and 1961, Tennessee has experienced substantial growth and redistribution of her population. In 1901 the population was 2,020,616, of whom 487,380 were eligible to vote. The 1960 Federal Census reports the State’s population at 3,567,089, of whom 2,092,891 are eligible to vote. The relative standings of the counties in terms of qualified voters have changed significantly. It is primarily the continued application of the 1901 Apportionment Act to this shifted and enlarged voting population which gives rise to the present controversy …
It is further alleged that, “because of the population changes since 1900, and the failure of the Legislature to reapportion itself since 1901,” the 1901 statute became “unconstitutional and obsolete.” Appellants also argue that, because of the composition of the legislature effected by the 1901 Apportionment Act, redress in the form of a state constitutional amendment to change the entire mechanism for reapportioning, or any other change short of that, is difficult or impossible …
They seek a declaration that the 1901 statute is unconstitutional and an injunction restraining the appellees from acting to conduct any further elections under it. They also pray that, unless and until the General Assembly enacts a valid reapportionment, the District Court should either decree a reapportionment by mathematical application of the Tennessee constitutional formulae to the most recent Federal Census figures, or direct the appellees to conduct legislative elections, primary and general, at large …
Because we deal with this case on appeal from an order of dismissal granted on ‘appellees’ motions, pr