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In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily ...
Luther v. Borden, 48 U.S. (7 How.) 1 (1849), was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution (Art.
Pages in category "United States political question doctrine case law" The following 17 pages are in this category, out of 17 total. This list may not reflect recent changes .
The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.
Louis Michael Seidman, Left Out, 67 Law & Contemp. Probs. 23–32 (2004). Louis Michael Seidman, The Secret Life of the Political Question Doctrine, 37 J. Marshall L. Rev. 441–480 (2004). Louis Michael Seidman & Mark V. Tushnet, When Judges Tell Us What They Mean, 5 Graven Images 254–258 (2002). Louis Michael Seidman, What's So Bad About ...
(4) The case is a judicable question, not exempted by the political question doctrine; the constitutionality of a statute is a question for the courts. The court then presented its affirmative reasoning: (5) When the Constitution provides express procedures, such procedures must be strictly observed.
Justice Stephen Breyer dissented from the decision of the Court, arguing that the case was barred by the political question doctrine. [25] Breyer argued that there were four sets of prudential considerations which, taken together in their totality, led to that conclusion. First, the issue arises in the field of foreign affairs.
In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.