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Luther v. Borden, 48 U.S. 1 (1849)[1], was a case in which the Supreme Court of the United States established the political question test in controversies arising under the Guarantee Clause of Article Four of the United States Constitution (Art. IV, ยง 4). Image File history File links No higher resolution available. ...
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...
Roger Brooke Taney (March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the United States, from 1836 until his death in 1864, and the first Roman Catholic to hold that office. ...
John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice on the Ohio and U.S. Supreme Courts. ...
Justice Wayne, in an 1855 photograph by Matthew Brady James Moore Wayne (1790 - July 5, 1867) was an Associate Justice of the U.S. Supreme Court and a member of the U.S. House of Representatives from Georgia. ...
John Catron (January 7, 1786-May 30, 1865) was an American jurist who served as a Supreme Court justice from 1837 to 1865. ...
John McKinley (May 1, 1780-July 19, 1852) was a U.S. senator from the state of Alabama and an associate justice of the United States Supreme Court. ...
Peter Vivian Daniel (April 24, 1784-May 31, 1860), was an American jurist. ...
Samuel Nelson (10 November 1792 - 13 December 1873) was an American attorney and U.S. Supreme Court justice. ...
Levi Woodbury (December 22, 1789–September 4, 1851) was the first justice of the Supreme Court of the United States to have attended law school. ...
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// The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a neutral form which will...
Year 1849 (MDCCCXLIX) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ...
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...
In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there...
The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state. ...
Article Four of the United States Constitution relates to the states. ...
Martin Luther was part of the Dorr Rebellion, an attempt to overthrow the charter government of Rhode Island, which had stymied the efforts of those who wished to broaden the voting rights of state residents. The rebellion began as a political effort but turned violent. Luther was arrested by Borden, a state official, who searched his home and allegedly damaged his property. Luther contended that the charter government was not "republican" in nature because it restricted the electorate to only the most propertied classes; because Article Four states that "the United States shall guarantee to every State in this Union a Republican Form of Government," Luther argued that the Supreme Court should find that Borden acted without proper authority. In doing so, the Court would necessarily find that the "Dorrite" alternative republican government was the lawful government of Rhode Island, superseding the charter government. The Dorr Rebellion was a short-lived armed insurrection in Rhode Island in 1841 and 1842, led by Thomas Wilson Dorr who was agitating for changes to the states electoral system. ...
This article is about the U.S. State. ...
The Court's Decision The Supreme Court found that it was up to the President and Congress to enforce this clause and that, as an inherently political question, it was outside the purview of the Court. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas US Government Portal For other uses, see President of the United States (disambiguation). ...
The Congress of the United States is the legislative branch of the federal government of the United States of America. ...
The ruling established that the "republican form of government" clause of Article Four was non-justiciable, a ruling that still holds today. However, two decades after Luther v. Borden was decided, the Fourteenth Amendment, which included the Equal Protection Clause, was added to the Constitution. Baker v. Carr, in which the Court found that the Court could examine Tennessee's apportionment of legislative districts, was based on the Equal Protection Clause, and many subsequent cases that covered much of the same ground as Luther v. Borden followed suit. Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ...
Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...
Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ...
Holding The reapportionment of state legislative districts is not a political question, and is justiciable by the federal courts. ...
This article is about the U.S. state of Tennessee. ...
The membership of the United States House of Representatives changes each decade following the decennial United States Census. ...
The case is considered to be the first instance of judicial restraint.[citation needed] The neutrality of this article is disputed. ...
See also This is a list of all the United States Supreme Court cases from volume 48: Luther v. ...
The Dorr Rebellion was a short-lived armed insurrection in Rhode Island in 1841 and 1842, led by Thomas Wilson Dorr who was agitating for changes to the states electoral system. ...
The neutrality of this article is disputed. ...
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