It would only darken counsel to discuss the relevance and significance of each of these assertedly distinguishing factors here and in the context of this entire line of cases. It is only by blinking reality that such an analysis can stand and that the essentially legislative determination can be made the subject of judicial inquiry. They show that there is not -- as there has never been -- a standard by which the place of equality as a factor in apportionment can be measured. While some critics decry Baker v. But it cannot make the case more fit for judicial action that appellants invoke the Fourteenth Amendment, rather than Art. The basis for the suit is not a private wrong, but a wrong suffered by Illinois as a polity. The limits the power of the judiciary by constraining the types of cases over which courts have jurisdiction and are thus able to render decisions.
Since that review is undertaken solely to demonstrate that neither singly nor collectively do these cases support a conclusion that this apportionment case is nonjusticiable, we, of course, do not explore their implications in other contexts. In the more than 60 years since that action, all proposals in both Houses of the General Assembly for reapportionment have failed to pass. This trend shows that the scope of the political question doctrine is shrinking, although this may be tempered by increasingly strict limits on standing. But where its determination is the sole function to be served by the exercise of the judicial power, the Court will not entertain the action. But in so doing, one is caught up in the backlash of his own bull whip, for many counties have municipalities with a population exceeding 10,000, yet the same invidious discrimination is present.
The Framers of the Constitution persistently rejected a proposal that embodied this assumption, and Thomas Jefferson never entertained it. Hughes, ; United Public Workers v. It is but a branch of the omnipotence claimed by Parliament to pass bills of attainder, belonging to the same dangerous and arbitrary family with martial law. Of course, this is true; but the precise issue presented is the duration of the time of war which demands the power. But the constitutions of the ten Reconstruction Act States have an added importance, for it is scarcely to be thought that the Congress which was so solicitous for the adoption of the Fourteenth Amendment as to make the readmission of the late rebel States to Congress turn on their respective ratifications of it, would have approved constitutions which -- again, under appellants' theory -- contemporaneously offended the Amendment. Court gained power to rule on apportionment laws. Defendants moved to dismiss, inter alia, on the ground of failure to join indispensable parties, and they argue in this Court that only the County Election Commissioners of the ninety-five counties are the effective administrators of Tennessee's elections laws, and that none of the defendants have substantial duties in connection therewith.
We conclude that the complaint's allegations of a denial of equal protection present a justiciable constitutional cause of action upon which appellants are entitled to a trial and a decision. As John Rutledge later Chief Justice said 175 years ago in the course of the Constitutional Convention, a chief function of the Court is to secure the national rights. The defendants justified under military orders pursuant to martial law declared by the charter government, and plaintiff, by his reply, joined issue on the legality of the charter government subsequent to the adoption of the Dorr constitution. The court went on to express doubts as to the feasibility of the various possible remedies sought by the plaintiffs. It is my view that the majority opinion has failed to point to any recognizable constitutional claim alleged in this complaint. Appellants urge that this distribution is discriminatory.
Green 1946 the Court had pronounced reapportionment among the political questions that traditionally were not appropriate for judicial decision. Ninth Census of the United States, 1870, Statistics of the Population 635 1872. Appellants contest this choice, and seek to make this Court the arbiter of the disagreement. To date, Congress has never undertaken such a task in any State. Hansard 1839 , 9 A.
Suffice it that they do not serve to distinguish Colegrove v. 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. Since the claims of the municipal intervenors do not differ materially from those of the parties who sue as individual voters, the Court need not now determine whether the municipalities are proper parties to this proceeding. A decision for the plaintiff would inevitably have produced some significant measure of chaos, a consequence to be avoided if it could be done without abnegation of the judicial duty to uphold the Constitution. Albany County, ; Pawhuska v. The cases we have reviewed show the necessity for discriminating inquiry into the precise facts and posture of the particular case, and the impossibility of resolution by any semantic cataloguing.
Smith on the ground that state judicial remedies had not been tried; Radford v. Moreover, the Court's refusal to examine the legality of the regime of martial law which had been laid upon Rhode Island id. Wallace, , , these recitative allegations do not affect the nature of the controversy which appellants' complaints present. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. The Colonies and the Union.
By the late 1960s, voting districts around the country had been redrawn to obey the Supreme Court's call for equal representation. Therefore, he requested the government to send help to cope with the problems of urban growth. Justice Rutledge joined in the conclusion that the case as justiciable, although he held that the dismissal of the complaint should be affirmed. Stanton, supra, expresses a philosophy at war with 4 Wall. By the late 1960s, congressional districts around the country had been redrawn to meet the Supreme Court's call for equal representation, and after the 1970 census, underrepresented urban areas were finally given an equal voice in Congress. Hence, we must accept the present form of the Tennessee Legislature as the embodiment of the State's choice, or, more realistically, its compromise, between competing political philosophies.