''Luther v. Borden'', 48 U.S. (7 How.) 1 (1849), was a case in which the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

established the political question doctrine in controversies arising under the

Guarantee Clause The Guarantee Clause, also known as the Republican Form of Government Clause, is in Article IV, Section 4 of the United States Constitution, and requires the United States to guarantee every state a republican form of government and provide protec ...

of Article Four of the United States Constitution (Art. IV, § 4). Martin Luther was part of the Dorr Rebellion, an attempt to overthrow the charter government of

Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...

that 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. Martin Luther was arrested by Luther M. 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.

Court's decision

The Supreme Court found that it was up to the

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

and

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

to enforce this clause and that, as an inherently political question, it was outside the purview of the Court. The case was cited as justification for Congress' actions towards southern states in the post-Civil War Reconstruction Era.Hubbs, Todd. 2006.
Luther v. Borden
. ''Federalism in America: An Encyclopedia''. The ruling established that the "republican form of government" clause of Article Four was

non-justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...

, a ruling that still holds today. However, two decades after ''Luther v. Borden'' was decided, the Fourteenth Amendment, which included the

Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...

, was added to the Constitution. ''

Baker v. Carr ''Baker v. Carr'', 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment, thus enabling federal courts to hear Fourteen ...

'', in which the Court found that the Court could examine

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...

apportionment The legal term apportionment (french: apportionement; Mediaeval Latin: , derived from la, portio, share), also called delimitation, is in general the distribution or allotment of proper shares, though may have different meanings in different c ...

of legislative districts, was based on the

, and many subsequent cases that covered much of the same ground as ''Luther v. Borden'' followed suit.

References

External links

* * {{Taney Court 1849 in Rhode Island 1849 in United States case law United States Supreme Court cases United States Supreme Court cases of the Taney Court Dorr Rebellion Guarantee Clause case law Legal history of Rhode Island United States political question doctrine case law

Court's decision

See also

References

Further reading

External links