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Justice Felix Frankfurter, dissenting in the Tennessee Reapportionment Case, characterized the holding of that decision as "a massive repudiation of the experience of our whole past." Whether or not this is true we may presently discover, but in the meanwhile Baker v. Carr may safely be described as a truly momentous constitutional decision. Without wishing to labor the obvious, legislative apportionment can be a violently partisan problem which, in the normal course of things, we might expect the Court to bend every effort to avoid. It is an area in which judicial standards are elusive and in which judicial remedies could be hard to apply and easy to avoid. The Court could have easily avoided the decision in Baker by adhering to a line of contrary precedents, but it chose instead to abandon an excellent defensive position in favor of a more active judicial role. I do not presume to pass on the wisdom of that choice, but more narrowly to inquire whether it was, in fact, the "massive repudiation" described by the venerable Justice. Time and space do not permit an examination of the whole doctrine of judicial self-restraint. This work is concerned more narrowly with that aspect of judicial self-restraint most germane to Baker v. Carr, the doctrine of "political questions."

Intro -- Contents -- Preface -- Federal Crime Control Issues in the 111th Congress* -- Summary -- Introduction -- Crime Statistics2 -- Violent Crime Rate -- Property Crime Rate -- Violent Crime Control -- Hate Crimes6 -- Gangs14 -- Gun Control24 -- Combating Fraud and Theft -- Identity Theft31 -- Organized Retail Crime -- Drug Control -- Sentencing Reform50 -- Crack/Powder Cocaine Sentencing Disparities -- Early Release -- State and Local Justice Assistance -- Community Oriented Policing Services (COPS)67 -- Juvenile Justice71 -- Witness Protection Program -- Criminal Justice System Review -- End Notes -- DC Gun Laws and Proposed Amendments* -- Summary -- Introduction -- Overview of Congressional and DC Legislation -- Analysis of DC Gun Laws under the Proposed Amendments -- Authority of DC to Promulgate Rules -- DC Semiautomatic Ban -- Registration Requirements, Ammunition Sales, -- and Interstate Purchases -- Registration -- Ammunition Sales and Registration -- Interstate Transfers of Firearms -- Trigger Lock Requirement -- Criminal Penalties for Possession of Unregistered Firearms -- Regulating Inoperable Pistols and Harmonizing -- Definitions for Certain Types of Firearms -- Prohibitions of Firearms from Private -- and Sensitive Public Property -- Regulating the Carrying and Transport of Firearms -- Carrying of Firearms -- Transportation of Firearms -- Toy and Antique Pistols -- Providing Jurisdiction to Office of Administrative Hearings -- Additional District Provisions that Would Be Affected by the Congressional Proposals -- Qualifications and Duties for Dealers of Firearms -- Transfer or Sale by Non-Dealers and by Licensed Dealers -- Assault Weapons/Handgun Roster -- Large Capacity Ammunition Feeding Devices -- Waiting Period -- Microstamping and Discharge of Firearms -- End Notes