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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 ...
There has been considerable dispute over what constitutes a "federal question" in these circumstances, but it is now settled law that the plaintiff cannot seek the jurisdiction of a federal court merely because it anticipates that the defendant is going to raise a defense based on the Constitution, or on a federal statute. [2]
In the 1980s, extradition treaties with Mexico and the Netherlands made the entire question of what constitutes a political offence a question for the executive branch, which was described as "the death knell" for the political offence exception in U.S. law. Legislation around the same time proposed by Representative William J. Hughes (D-NJ ...
The "political question" doctrine especially applies to questions which present a difficult enforcement issue. Chief Justice Charles Evans Hughes addressed the Court's limitation when political process allowed future policy change, but a judicial ruling would "attribute finality". Political questions lack "satisfactory criteria for a judicial ...
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
President-elect Donald Trump had not been terribly successful in suing media organizations until this weekend when ABC News agreed to settle a closely-watched defamation case he brought against ...
The question of whether reporters are seeking approval from some defined group creates an even more interesting spectrum. You might call it the "Burn Down The System" to "Public Relations" spectrum.
This is an accepted version of this page This is the latest accepted revision, reviewed on 31 December 2024. Clause of the US Constitution specifying natural born US citizenship to run for President Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for holding the office of president or vice president ...