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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.
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.
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 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 ...
In West Virginia v. Environmental Protection Agency, major questions regarding our democracy arose between the conservatives and liberals on the Supreme Court.
The 1947 Truman Doctrine was part of the United States' political response to perceived aggression by the Soviet Union in Europe and the Middle East, illustrated through the communist movements in Iran, Turkey and Greece. [9] As a result, American foreign policy towards the USSR shifted, as George F. Kennan phrased it, to that of containment. [9]
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.