Why did the supreme court rule against the state of tennessee in baker v. carr

The decision of Baker v. Carr was one of the most wrenching in the Court's history. The case had to be put over for reargument because in conference no clear majority emerged for either side of the case. Associate Justice Charles Evans Whittaker was so torn over the case that he eventually had to recuse himself for health reasons. The arduous decisional process in Baker is often blamed for Whittaker's subsequent health problems, which forced him to retire from the Court in 1962.

The opinion was finally handed down in March 1962, nearly a year after it was initially argued. The Court split 6 to 2 in ruling that Baker's case was justiciable, producing, in addition to the opinion of the Court by Justice William J. Brennan, three concurring opinions and two dissenting opinions. Brennan reformulated the political question doctrine, identifying six factors to help in determining which questions were "political" in nature.

the articles of confederation only set up the continental congress at the federal level. there were no executive or judicial branches except within the states. the states were allowed to keep every right that was not specifically given to congress. the bonding of the states was through a 'firm league of friendship' that best served as a defense agreement against invasion. states were not allowed to use taxes as a way to discourage treaties, and states were extremely limited in their dealings with foreign nations.

not many historians today talk about the strengths of the articles of confederation, likely because of how unpopular the document quickly became. the articles did set the legislative body, congress, as the highest power in the nation because of the fear of monarchy. congress had the sole power to declare war, assign treaties, entertain foreign relations, and operate post offices. disputes between states and territorial issues were to be brought to congress. the document also stipulated that canada was allowed to enter the union if they desired.

there were more weaknesses than strengths under the articles of confederation. the lack of power given to the continental congress strangled the federal government. the articles gave congress the power to pass laws but no power to enforce those laws. if a state did not support a federal law, that state could simply ignore it. congress had no power to levy taxes or regulate trade. without a federal court system or executive leader, there would be no way to enforce these laws, either. amending the articles of confederation would also require a unanimous decision, which would be extremely difficult.