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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 .
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.
Lewis said federal law provides the agency authority to implement net neutrality rules. "Congress clearly understood that the commission would have to make these calls," Lewis told the judges.
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 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.
In West Virginia v. Environmental Protection Agency, major questions regarding our democracy arose between the conservatives and liberals on the Supreme Court.
(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.