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Luther v. Borden
Seal of the United States Supreme Court.svg
Full case name Martin Luther v. Luther M. Borden
Citations 48 U.S. 1 (more)
7 How. 1; 12 L. Ed. 581; 1849 U.S. LEXIS 337
Holding
Whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the President and Congress.
Court membership
Case opinions
Majority Taney, joined by McLean, Wayne, Nelson, Grier
Dissent Woodbury
Catron, McKinley and Daniel took no part in the consideration or decision of the case.
Laws applied
U.S. Const. art. IV, § 4

Luther v. Borden was an important case decided by the Supreme Court of the United States in 1849. This case helped establish the idea of a "political question." This means some issues are for the President and Congress to decide, not the courts. The case was about a part of the U.S. Constitution called the Guarantee Clause. This clause says that the United States promises every state a "Republican Form of Government."

What Was the Case About?

The case started because of a disagreement in Rhode Island. A group of people, including Martin Luther, wanted to change the state's old government. This government, called the "charter government," only allowed certain people to vote. Many residents felt this was unfair and wanted more people to have the right to vote.

This effort to change the government was known as the Dorr Rebellion. It began as a political movement to expand voting rights. During this time, Martin Luther's home was searched by Luther M. Borden, a state official. Luther argued that the old charter government was not truly "republican" because it limited who could vote.

He believed the Supreme Court should agree with him. If the Court did, it would mean the new government supported by the "Dorrites" was the real government of Rhode Island. This would also mean Borden acted without proper authority.

The Court's Decision

The Supreme Court decided that it was not their job to figure out if a state government was "republican." They said this was a "political question." This means it's a matter for the President and Congress to handle. The Court felt it was outside their power to make such a decision.

This ruling meant that the "republican form of government" part of the Constitution was "non-justiciable." This term means the courts cannot decide on it. This ruling is still in place today.

However, things changed later on. About 20 years after Luther v. Borden, the Fourteenth Amendment was added to the Constitution. This amendment includes the Equal Protection Clause. This clause says that states must treat all people equally under the law.

Later, in a case called Baker v. Carr, the Supreme Court used the Equal Protection Clause. They decided they could look at how Tennessee divided its voting districts. This was different from Luther v. Borden. Many cases since then have used the Equal Protection Clause to address issues similar to those in Luther v. Borden.

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