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Topic: Luther v Borden

	Luther v. Borden
		Luther brought suit for trespass against Borden in the U.S. Circuit Court for the District of Rhode Island.
		Luther countered that the act of the state legislature declaring martial law was invalid, since the charter government was no longer the legitimate government of the state.
		Luther appealed to the Supreme Court on a writ of error Daniel Webster, the most famous lawyer of his time, argued the case on behalf of Luther in the Supreme Court.
	www.wku.edu /Government/yborden.htm (1089 words)

	BORDEN, Sir Robert Laird
		Borden became prime minister of Canada in 1911, and he revamped the government and its policies to meet the needs of the country's new industrial society.
		Borden formed a coalition government in 1917 and remained prime minister until ill health forced him to resign in 1920.
		As prime minister Borden took part in the Imperial War Conference in London in 1917 and in the Paris Peace Conference in 1919.
	www.history.com /encyclopedia.do?vendorId=FWNE.fw..bo140300.a (678 words)

	Luther v. Borden (1849)
		Borden and his men, argued Luther, could thus not defend their actions as agents of the state.
		Borden responded that the charter government was the lawful government and that his act was a legitimate search.
		Luther subsequently moved to Massachusetts so that this proceeding would involve a diversity of state citizenship between the parties and could be litigated in the federal courts.
	www.cornellcollege.edu /politics/courses/Allin/365-366/documents/luther_v_borden.html (2090 words)

	TN Encyclopedia: BAKER V. CARR
		BAKER V. This case, filed by urban voters against the Tennessee Secretary of State and Attorney General in the U.S. District Court of Middle Tennessee, was one of the U.S. Supreme Court under Chief Justice Earl Warren's most important decisions.
		Borden, an 1849 case arising under the Guarantee Clause in Article IV of the U.S. Constitution.
		Brennan further ruled that voters initiating this case had standing to claim that their votes were being arbitrarily impaired or debased.
	tennesseeencyclopedia.net /imagegallery.php?EntryID=B005 (507 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Borden 48 U.S. THESE two cases came up from the Circuit Court of the United States for the District of Rhode Island, the former by a writ of error, and the latter by a certificate of division in opinion.
		Martin Luther, a citizen of the State of Massachusetts, brought an action of trespass quare clausum fregit against the defendants, citizens of the State of Rhode Island, for breaking and entering the house of Luther, on the 29th of June, 1842.
		That the said Martin Luther and his confederates, in causing and fomenting the said rebellion, voted against the adoption of said constitution; a copy of which is hereunto annexed, marked A. 3d.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=48&page=1 (13530 words)

	Clinton v Jones (Site not responding. Last check: 2007-10-24)
		Relying in part on the fact that respondent had failed to bring her complaint until two days before the 3 year period of limitations expired, she concluded that the public interest in avoiding litigation that might hamper the President in conducting the duties of his office outweighed any demonstrated need for an immediate trial.
		Perhaps the most dramatic example of such a case is our holding that President Truman exceeded his constitutional authority when he issued an order directing the Secretary of Commerce to take possession of and operate most of the Nation's steel mills in order to avert a national catastrophe.
		Pachtman, 424 U.S. 409, 422 -423 (1976) (prosecutorial immunity); Tenney v.
	www.agh-attorneys.com /4_clinton_v_jones.htm (7948 words)

	Gregory v Ashcroft (Site not responding. Last check: 2007-10-24)
		Dougall, 413 U.S. Sugarman was the first in a series of cases to consider the restrictions imposed by the Equal Protection Clause of the Fourteenth Amendment on the ability of state and local governments to prohibit aliens from public employment.
		V 1987), and therefore exempted from the ADEA's general prohibition of mandatory retirement, and thus subject to the mandatory retirement provision of Article V, Section 26 of the Missouri Constitution." Pet.
		Although it may be possible to define an appointed judge as a "policymaker" with only a dictionary as a guide, 1 we have an obligation to construe the exclusion of an "appointee on the policymaking level" with a sensitivity to the context in which Congress placed it.
	www.agh-attorneys.com /4_gregory_v_ashcroft.htm (10769 words)

	The Supreme Court Historical Society
		Martin Luther responded that the proclamation of martial law had no validity because the government itself had been changed by a vote of the people some six months earlier in January 1842.
		Actually the Luthers and their supporters in and out of Rhode Island hoped to vindicate a particular theory of American government and constitutionalism by carrying these cases to the Supreme Court for judgment.
		That difference notwithstanding, the Luther decision provided the needed precedent sanctioning the suppression of the Southern challenge to existing national institutions.[73] As for the states, so for the nation, as Chief Justice Taney found to his chagrin.
	www.supremecourthistory.org /04_library/subs_volumes/04_c15_h.html (6320 words)

	CRS/LII Annotated Constitution Article III
		It may be that there will be a case assuredly within the Court’s jurisdiction presented by parties with standing in which adverseness and ripeness will exist, a case in other words presenting all the qualifications we have considered making it a justiciable controversy, which the Court will nonetheless refuse to adjudicate.
		The origin, scope, and purpose of the concept have eluded all attempts at precise statements.”511 That the concept of political questions may be “more amenable to description by infinite[p.688]itemization than by generalization”512 is generally true, although the Court’s development of rationale in Baker v.
		Carr513 has changed this fact radically, but the doctrine may be approached in two ways, by itemization of the kinds of questions that have been labeled political and by isolation of the factors that have led to the labeling.
	www.law.cornell.edu /anncon/html/art3frag25_user.html (670 words)

	Baker v. Carr
		Borden was a trespass action brought by one of Dorr's supporters in a United States Circuit Court to recover damages for the breaking and entering of his house.
		Home Secretary, 55 the Court of Appeal, per Evershed, M. R., quoting Harman, J., with approval, adverting to the wide range of discretion entrusted to the Commission under the Acts, and remarking the delicate character of the parliamentary issues in which it was sought to engage the court, reached the same conclusion.
		Of course, judgment concerning the "political" nature of even a controversy affecting the Nation's foreign affairs is not a simple mechanical matter, and certain of the Court's decisions have accorded scant weight to the consideration of unity of action in the conduct of external relations.
	www.tourolaw.edu /patch/Baker/Frankfurter.asp (15349 words)

	FindLaw Constitutional Law Center: U.S. Constitution: Article IV: Annotations pg. 18 of 18
		Borden,326 the Supreme Court established the doctrine that questions arising under this section are political, not judicial, in character and that ''it rests with Congress to decide what government is the established one in a State.
		White328 held that the action of the President in setting up provisional governments at the conclusion of the war was justified, if at all, only as an exercise of his powers as Commander-in-Chief and that such governments were to be regarded merely as provisional regimes to perform the functions of government pending action by Congress.
		On the ground that the issues were not justiciable, the Court in the early part of this century refused to pass on a number of challenges to state governmental reforms and thus made the clause in effect noncognizable by the courts in any matter,329 a status from which the Court's opinion in Baker v.
	supreme.lp.findlaw.com /constitution/article04/18.html (1198 words)

	USCA1 Opinion 04-1621
		All causes of marriage, divorce, and alimony, and all appeals from the judges of probate shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision.
		Borden, 48 U.S. (7 How.) 1, 42 (1849) (finding non-justiciable a Guarantee Clause argument by an individual claiming to act under the authority of a state charter government because Congress, not the federal courts, should decide which of two competing Rhode Island governments should be recognized).
		Plaintiffs argue that this is because here three conditions have been met: (1) the delegation or limitation of power to one branch in the state constitution is express, (2) there is a "clear departure" from the historic status quo, and (3) this "clear departure" seriously impairs a representative form of government.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=04-1621.01A (3745 words)

	CITES BY TOPIC: political jurisdiction (Site not responding. Last check: 2007-10-24)
		V's placement of the amendment process with Congress and the lack of any judicial standard for resolving the question.
		Smith, 221 U.S. Thus, where the Cherokee Nation sought by an original motion to restrain the State of Georgia from the enforcement of laws which assimilated Cherokee territory to the State's counties, abrogated Cherokee law, and abolished Cherokee government, the Court held that such a claim was not judicially cognizable.
		Oregon, 223 U.S., in which the Court dismissed for want of jurisdiction a writ of error attacking a state license-tax statute enacted by the initiative, on the claim that this mode of legislation was inconsistent with a Republican Form of Government and violated the Equal Protection Clause and other federal guarantees.
	famguardian.org /TaxFreedom/CitesByTopic/PoliticalJurisdiction.htm (5522 words)

	Supreme Court of the United States
		Borden, decided by this court, is an authority for the claim of martial law advanced in this case.
		Borden, in the military service of the old government, broke open the house of Luther, who supported the new, in order to arrest him.
		Luther brought suit against Borden; and the question was, whether, under the constitution and laws of the state, Borden was justified.
	www.soc.umn.edu /~samaha/cases/ex_parte_milligan_ed.html (6255 words)

	Puerto Rico seeks to muscle its way into the Electoral College
		One Borden, a militia officer, was dispatched by the charter-based government to take into custody one Luther- a Dorr supporter; in the course of the "arrest", damage was done to Luther's home.
		Borden, of course, defended himself on the grounds that he was just such an officer and that his search of Luther's home was, thus, not unreasonable- especially in light of the fact that he was acting under cover of martial law.
		Borden was his clear statement of just what a "political question" is; he wrote that "much of the argument on the part of the plaintiffs turned upon political rights and political questions upon which the court has been urged to express an opinion.
	www.thegreenpapers.com /PCom/20000913-0.html (1198 words)

	Sixteenth
		Further, when decisions regarding Article V are compared with other decisions having direct application to this issue, it appears that there is no clear precedent or "polestar" decision which controls the decision of this issue.
		Borden, 48 U.S. (7 How.) 1 (1849), is reputed to stand for the proposition that questions involving the adoption of new state constitutions are inherently political.
		The decision in Luther has been distinguished by the state courts, particularly where the issue is the adoption of a constitutional amendment; see Koehler v.
	fly.hiwaay.net /~becraft/Sixteenth.htm (9256 words)

	Re: Fwd: Re: Reitman v Mulkey and 'State Action' (Site not responding. Last check: 2007-10-24)
		Kramer--a > question of > >the scope of the substantive limitations imposed by the 14th > Amendment on > >the states, rather than a question of whether a particular actor > counts as > >the state.
		Borden where the tort was trespass, > the>>justification was a warrant, and the gotcha was the alleged > >>illegality of the government issuing the warrant.
		Borden where the tort was trespass, the > >>justification was a warrant, and the gotcha was the alleged > illegality of > >>the government issuing the warrant.
	www.mail-archive.com /conlawprof@lists.ucla.edu/msg06379.html (1004 words)

	OSCN Found Document:ARIE v. STATE
		The prohibition article, which was separately submitted with the Constitution for ratification or rejection, the party assailing the same failing to point out in what particular it was not properly submitted in accordance with Enabling Act June 16, 1906, c.
		A liquor license granted under the exercise of the police power of the state is subject at all times to be annulled or revoked at the pleasure of the Legislature.
		The validity of the license ceased with the repeal of the law by virtue of which it came into legal existence; the proclamation admitting the state of Oklahoma into the Union striking down the liquor license law, which prior to that time existed in Oklahoma Territory.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=3575 (1832 words)

	BAKER v
		Saylor, 322 U.S. It would not be necessary to decide whether appellants' allegations of impairment of their votes by the 1901 apportionment will, ultimately, entitle them to any relief, in order to hold that they have standing to seek it.
		Herndon, 273 U.S. Rather, it is argued that apportionment cases, whatever the actual wording of the complaint, can involve no federal constitutional right except one resting on the guaranty of a republican form of government, 30 and that complaints based on that clause have been held to present political questions which are nonjusticiable.
		Fortson, supra: "The discretionary exercise or nonexercise of equitable or declaratory judgment jurisdiction.
	www.rvc.cc.il.us /faclink/pruckman/LEG/cases/baker.htm (8985 words)

	Back to Constitutional Law (Site not responding. Last check: 2007-10-24)
		Of greater significance, it is settled that the Judiciary may severely burden the Executive Branch by reviewing the legality of the President's official conduct, see e.g., Youngstown Sheet and Tube Co. v.
		Relying in part on the fact that respondent had failed to bring her complaint until two days beforethe 3 year period of limitations expired, she concluded that the public interest in avoiding litigation that might hamper the President in conducting the duties of his office outweighed any demonstrated need for an immediate trial.
		Narcotics Agents, 403 U.S. The situation with respect to suits against the President for actions taken in his private capacity is quite different because such suits may be grounded on legal theories that have always been applicable to any potential defendant.
	publicpolicy.pepperdine.edu /academics/faculty/lloyd/projects/conlaw/cli_v_jon.htm (8344 words)

	Texas State Historical Association - Southwestern Historical Quarterly Online
		The definition to which he appealed was firmly imbedded in the opinions of the Supreme Court and had been accepted as a maxim of constitutional law, and these opinions were uniformly and consistently against the present pretensions of Texas.
		Borden that sovereignty resides in the people of the State and they, by virtue of their inherent right and power, may change the form of government.
		The question as to the validity of this change is one to be decided by the political power in the United States government, and the courts are bound to follow the decision rendered by that power.
	www.tsha.utexas.edu /publications/journals/shq/online/v018/n4/article_1_print.html (9945 words)

	Bush v Gore
		Holm, 285 U. 355, 367 (1932).1 The legislative power in Florida is subject to judicial review pursuant to Article V of the Florida Constitution, and nothing in Article II of the Federal Constitution frees the state legislature from the constraints in the state constitution that created it.
		That refusal led to the Court’s pathmarking decision in Martin v.
		It was the genius of their idea that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other.” Saenz v.
	web.utk.edu /~scheb/BushvGore.html (11791 words)

	Presser Defense Argument
		Allan C. Story for plaintiff in error, argued the following Federal points.-I. The Illinois act is in conflict with Article I., section 8, subdivisions 12, 14, 15, 16 and 18 of the Constitution of the United States.
		Counsel on the other side contend this case was overruled in Sturges v.
		That is a remarkable statement, as Sturges v.
	polyticks.com /polyticks/beararms/pups/presdef.htm (1211 words)

	NHBA - Bar News Issue
		Greater respect is owed to the judicial decisions rendered nearest in time to enactment of the law concerned.
		Session, S. It also makes plain, contrary to the beliefs or feigned beliefs, of later Supreme Courts, that to the framers of the Fourteenth Amendment, the terms "privileges and immunities," "equal protection of the laws," and "due process of law" had specific context and meaning.
		The province of a court is to determine what the law is, not to declare what it ought to be," Luther v.
	www.nhbar.org /publications/archives/display-news-issue.asp?id=987 (916 words)

	Beresford Funeral Home
		He is survived by his wife of 57 years, Jennie; his son, Don Borden (and wife Jaleh), his daughters, Theresa Moore (and husband Logan), Sherrie Lawrence (and husband Jim); his brother, Sid Borden; his sister, Betty Mattei; and 13 grandchildren.
		He had a lot of admiration and respect for Luther, and felt privileged to work for an organization that treated their customers fairly.
		Borden Family - We are saddened to hear of Luther's passing.
	www.beresfordfunerals.com /obits/printobit.html?id=101387 (326 words)

	Perpich v. Dept. of Defense
		Perpich arguably is the first case to consider whether a particular provision in the Constitution constitutes one of the "rare exceptions" of state sovereignty that may not be displaced by Congressional action.
		However, two early Supreme Court cases suggest alternative reasoning: that the war power is inherent as an attribute of sovereignty, and that the power to declare war necessarily implies the power to wage it.
		Separation of powers concerns generally result from competing views as to when it is necessary for the President to request a declaration of war in order to continue the United States' involvement in hostilities.
	www.saf.org /LawReviews/Cooper1.html (13443 words)

	Constitutional Limits of the Supreme Court : LA IMC
		I was stunned by the Court's activism in its recent decision to halt the manual recount of votes in Florida, so I decided to check up on the legitimacy of the Supreme Court to rule on political disputes.
		What I found was an obscure decision from 1849, in the case of Luther v.
		Borden (1849) established that the Guarantee Clause was something that was not to be reviewed; Baker established the test for whether something is justiciable (political):
	la.indymedia.org /print.php?id=4817 (679 words)

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