Brennen
o
No. This challenge to apportionment presents no non-justiciable
political question.
o
The case does not rest upon the Guarantee clause.
Reasoning
o
In guarantee clause and political questions cases there is a
relationship between the judiciary and the coordinate branches
of the Federal Government, and not the federal judiciarys
relationship to the States, which gives rise to the political
question.
Nonjusticiable Political Question
o
The complaints can involve no federal constitutional right
except one resting on the guaranty of a republican form of
government, and that complaints based on that clause have been
held to present political questions which are nonjusticiable.
o
The nonjusticiability of a political question is primarily a
function of the separation of powers.
Several formulation of nonjusticiability
o
It is apparent that several formulations which vary slightly
according to the settings in which the questions arise may
describe a political question,
o
Each has one or more elements which identify it as essentially a
function of the separation of powers.
Political Question Circumstances
1.
Prominent on the surface of any case held to involve a political
question is found a
textually demonstrable constitutional commitment of the issue to
a coordinate political department;
(in other words, A constitutionally
assigned duty or power to a branch of government) or
2.
A
lack of judicially discoverable and manageable standards for
resolving the question; or
3.
The impossibility of deciding without an initial policy
determination of a kind clearly for nonjudicial discretion; or
4.
The impossibility of a court's undertaking independent
resolution without expressing lack of the
respect due coordinate branches
of government; or
5.
An unusual need for unquestioning adherence to a political
decision already made; or
6.
The potentiality of embarrassment from multifarious [various]
pronouncements by various departments on one question.
Guarantee Clause Claim
o
A
clause in Article IV, Section 4, providing that the United
States shall guarantee to every State in this Union A Republican
Form of Government.
Court
Guarantee Clause Claim
o
Guarantee Clause claims involve the elements which define a
political questions, and for that reason and not other, they
are nonjusticiable.
Luther v. Borden
o
An action for damages for trespass.
o
State agents admitting to breaking and entering.
o
The State was then under martial law to defend itself from
active insurrection; that the plaintiff was engaged in that
insurrection; and that they entered under orders to arrest the
plaintiff.
o
The lower court's refus[ed] to receive evidence or hear argument
on that issue.
Chief Justice Taney's
o
He argued that the defendants were justified on the laws of the
State, and the federal courts had to follow the states courts
decisions, UNLESS there was a federal constitutional ground for
overturning them.
Justice Taneys Guarantee Clause Argument
o
The Guarantee Clause is not
a depository of judicially manageable standards that
a court could independently utilize to identify a states lawful
government.
(1)
If a court were to hold the defendants' acts unjustified because
the charter government had no legal existence during the period
in question, it would follow that all of that
government's actions -- laws
enacted, taxes collected, salaries paid, accounts settled,
sentences passed -- were of no
effect; and that "the
officers who carried their decisions into operation [were]
answerable as trespassers, if not in some cases as
criminals." A decision for the plaintiff
would inevitably have produced some
significant measure of chaos.
(2)
No state court had recognized as a judicial responsibility
settlement of the issue of the locus [place] of state
governmental authority.
(3)
Since "the question relates, altogether, to the constitution and
laws of [the] . . . State," the courts of
the United States had to follow the
state courts' decisions
unless there was a federal
constitutional ground for overturning them.
(4)
No provision of the Constitution could be or had been invoked
for this purpose except Art. IV, 4, the Guaranty Clause.
a.
Having already noted the absence of standards whereby the choice
between governments could be made by a court acting
independently, Chief Justice Taney now found further textual and
practical reasons for concluding that, if any department of the
United States was empowered by the Guaranty Clause to resolve
the issue, it was not the judiciary.
Court
Guarantee Clause
o
Might conceivably added a claim.
o
But because any reliance on the Guaranty Clause could not have
succeeded it does not follow that appellants may not be heard on
the equal protection claim which in fact they tender.
Reversed and Remanded
DISSENT
Justice Frankfurter
o
The present case involves all of the elements that have made the
Guaranty Clause case nonjusticiable.
o
The Guarantee Clause is masquerading under a equal protection
label.
o
Apportionment is exceedingly complex, and does not lend itself
to judicial determination.
o
It would add a great deal of friction to federal-state relations
to involve the federal judiciary in this process. |