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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 ...
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 .
Baker v. Carr, 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment's equal protection clause, thus enabling federal courts to hear Fourteenth Amendment-based redistricting cases.
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.
The defense's argument rested on the claim that redistricting "requires inherent political choices to be made [which] are inappropriate for the judiciary to make" [2] under the political question doctrine. This rather extreme position posited that even if the entire legislature came forward and admitted to political gerrymandering, it would not ...
Environmental Protection Agency, major questions regarding our democracy arose between the conservatives and liberals on the Supreme Court. Issues of major question doctrine and democracy raised ...
Kyllo v. United States: 533 U.S. 27 (2001) defining 'search' under the 4th Amendment with respect to heat sensors Good News Club v. Milford Central School: 533 U.S. 98 (2001) free speech, establishment clause Saucier v. Katz: 533 U.S. 194 (2001) qualified immunity of a police officer to a civil rights case brought through a Bivens action ...
(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.