Luther v. Borden
Luther v. Borden was a significant U.S. Supreme Court case stemming from the Dorr Rebellion of 1842 in Rhode Island, where two factions claimed to be the legitimate government. One faction derived authority from a democratic referendum, while the other relied on the colonial charter of 1663, supported by President John Tyler. Luther Borden, a proponent of democratic reform, challenged the authority of the charter government in federal court, arguing that its nondemocratic structure violated the U.S. Constitution's guarantee of a "republican form" of government. However, the court dismissed his claims and upheld the existing government. Chief Justice Roger Brooke Taney, leading an 8-1 majority opinion, introduced the political question doctrine, asserting that the resolution of political disputes should be addressed by legislative and executive branches rather than the judiciary. While the court acknowledged that inquiries into martial law's consistency with constitutional guarantees were permissible, it concluded that the temporary nature of martial law in Rhode Island did not constitute a violation of the Constitution. This case highlighted the tension between democratic ideals and established governance in the context of U.S. constitutional law.
Luther v. Borden
Date: January 3, 1849
Citation: 7 How. (48 U.S.) 1
Issues: Political questions; guarantee clause
Significance: By refusing to take sides in a dispute between two rival governments in Rhode Island, the Supreme Court held that the meaning of “a Republican form of government” is a political question and thus a responsibility of Congress rather than the courts.
Following the Dorr Rebellion of 1842, two competing groups claimed to be the lawful government of Rhode Island. One claim was based on a democratic referendum; the other was based on a colonial charter of 1663. The charter government, supported by President John Tyler, declared martial law and reestablished its authority. A Dorrite reformer, Luther Borden, argued in federal district court that the charter government’s nondemocratic arrangements and procedures violated the “republican form” guarantee in the U.S. Constitution. The court dismissed Borden’s claims and upheld the government in power.
Speaking for an 8-1 majority on the Supreme Court, Chief Justice Roger Brooke Taney affirmed the decision of the lower court. Taney announced the political question doctrine, which gives the legislative and executive branches responsibility to decide on political controversies absent a clear legal issue. The determination of the legitimacy of a state government did not fall within judicial competence. Taney did recognize that a federal court could inquire whether the use of martial law was consistent with the guarantee clause, but held that in this case, because martial law was temporary, Rhode Island had not violated the Constitution.