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Courts Do Not Decide "Political Questions"精选.doc
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Courts Do Not Decide "Political Questions"精选.doc
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Courts Do Not Decide "Political Questions"
For example,when the state of Oregon gave its citizens the right to vote on popular
statewide referen- dums and initiatives around 1900, the Pacific States Telephone and Telegraph
Company objected.(The company feared that voters would bypass the more business-oriented
legislature and pass laws restricting its rates and profits.) The company claimed that Article
IV,Section 4,of the Constitution guarantees to each state a Republican Form of Government a term
that supposed means that laws are to be made only by the elected representatives of the people,not
by the citizens directly. The High Court refused to rule on the merits of the case,declaring the issue
to be a political question.The Court reasoned that since Article IV prima-rily prescribes the duties
of Congress, it follows that the Founders wanted Congress not the courts to oversee the forms of
government in the several states.
In recent decades an important political versus nonpolitical dispute has concerned the matter
of reappor-tionment oflegislative districts.Prior to 1962,a majority on the Supreme Court refused
to rule on the constitu-tionality of legislative districts with unequal populations,saying that such
matters were nonjusticiable and that the Court dared not enter what Justice Felix Frankfurter
called the political thicket.According traditional Supreme Court thinking,the Founders wanted
legislatures to redistrict themselves perhaps with input from the electorate.However,with the
Supreme Courts decision in Baker v.Carr (1962),the majority re-versed that thinking.Since then
the Court has held in scores of cases that the equal-protection clause of the Fourteenth
Amendment requires leg-islative districts to be ofequal popula-tion size and,furthermore,that the
courts should see to it that this man-date is carried out.
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