Baker vs. Carr Spencer Albright

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Baker vs. Carr Spencer Albright - Description

Charles W. Baker et al. v. Joe. C. Carr et al.. The Baker vs. Carr case was first argued on April 20-21 1961. . T. here was no decision made and it was reargued on October 9. th. 1961. The final decision was made on March 26. ID: 748275 Download Presentation

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Baker vs. Carr Spencer Albright




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Presentations text content in Baker vs. Carr Spencer Albright

Slide1

Baker vs. Carr

Spencer Albright

Slide2

Charles W. Baker et al. v. Joe. C. Carr et al.

The Baker vs. Carr case was first argued on April 20-21 1961.

T

here was no decision made and it was reargued on October 9

th

1961

The final decision was made on March 26

th

, 1962.

Slide3

Public Policy

The legislative districts were supposed to be redrawn every 10 years according to the census to provide for districts of equal population. The states 1901 apportionment statute violated the fourteenth amendment. Tennessee's method of unequally apportioning the members of the general assembly among the state's 95 counties unconstitutionally deprived people in the state of equal protection of the laws and was obsolete because of a significant growth and population shift since 1900.

Slide4

Arguments of Plaintiff

The plaintiff argued that they were not receiving equal protection on voting due to significant growth and population shift since the last time the legislative lines were drawn. These lines were supposed to be drawn every 10 years when the census is taken.

Representationally

, the votes of rural citizens were worth more than the votes of urban citizens. Baker's argument was that this discrepancy was causing him to fail to receive the "equal protection of the laws" required by the Fourteenth Amendment.

Slide5

Arguments of Defendant

Joe Carr was Secretary of State in Tennessee.

Carr was not responsible for setting the district lines. That was the legislatures

responsibility.

Carr was

sued ex officio as the person who was ultimately responsible for the conduct of elections in the state and for the publication of district maps.

Apportionment was a political question and not dealt with appropriately in a court of law.

Slide6

Amicus Curiae

There were no amicus curiae briefs associated with this case

Slide7

Supreme Court Decision

The case originally had no clear majority from either side in conference.

The court eventually split 6 to 2 in ruling that Baker’s case was justiciable. Baker did not have full protection of the law which violated the 14

th

amendment.

Charles Whitaker was so torn over the case he had to recuse himself. There were only 8 court votes.

Slide8

Precedent

Redistricting issues were justiciable.

Court formulated “one person, one vote” standard.

Each individual had to be weighed equally in legislative apportionment.

Slide9

Dissenting Opinion

The dissenting opinion was filed by Justice Frankfurter and Justice Harlan.

Frankfurter and Harland argued

that the Court had cast aside history and judicial restraint, and violated the separation of powers between legislatures and Courts.

Slide10

sources

http://www.oyez.org/cases/1960-1969/1960/1960_6

http://www.infoplease.com/us/supreme-court/cases/ar02.html

http://lawbrain.com/wiki/Baker_v._Carr


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