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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 .
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.
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 ...
Citing a law review article written by Indiana University School of Law professor Gerard Magliocca, [163] the CRS report notes an exchange in congressional debate between Maryland Senator Reverdy Johnson and Maine Senator Lot M. Morrill during the drafting process of Section 3 in concluding that it could be more likely that the President is an ...
Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...
Davis v. Bandemer, 478 U.S. 109 (1986), is a case in which the United States Supreme Court held that claims of partisan gerrymandering were justiciable, but failed to agree on a clear standard for the judicial review of the class of claims of a political nature to which such cases belong.
Nixon v. United States, 506 U.S. 224 (1993), was a United States Supreme Court decision that determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if there was no applicable judicial standard.