In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there are inadequate standards for the court to apply; or 3) the court feels it is prudent not to interfere. Recently, courts have held that Congress'simpeachment procedures and the President's authority over foreign affairs, particularly the President's powers to abrogate treaties and commit troops, are political questions. The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ...
The doctrine has its roots in the federal judiciary's desire to avoid inserting itself into conflicts between branches of the federal government. It is justified by the notion that there exist some questions best resolved through the political process, voters approving or correcting the challenged action by voting for or against those involved in the decision. Justice Felix Frankfurter was an active and eloquent exponent of maintaining and expanding the political question doctrine. Critics of the doctrine argue that it has little or no basis in the text of the Constitution and is used by courts to shirk responsibility for deciding difficult questions. Justice Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was a United States Supreme Court Associate Justice. ...
Important cases discussing the political question doctrine:
Baker v. Carr, 369 U.S. 186 (1962) - Apportionment of state legislatures
Goldwater v. Carter, 444 U.S. 996 (1979) - Presidential authority to terminate treaties
A 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 Congress or the president; judges refuse to answer constituional question that they declare are political. Holding ... Court membership Case opinions Laws applied ... Baker v. ... Holding --- Court membership Case opinions Laws applied --- Nixon v. ...
THIS DEFINITION WAS GIVEN BY JOSHUA DAVIS CONTACT HIM AT be_n_cool@yahoo.com
In the brief space of three words, the phrase "politicalquestion doctrine" funnels the noisy sounds of conflict into a staid category of law; it collapses the wide world‑‑where aspirations, hatreds, and interests are in collision‑‑into a small, identifiable arena.
Political discretion either at the beginning or the end of a lawsuit raises important questions, but these questions relate only partially and ambiguously to the integrity of the rule of law in the middle of the lawsuit.
Bickel's treatment of politicalquestions was once thought subversive, but a mainstream Republican Court has established two of his principal ideas: that all constitutional issues have broad political aspects and that the function of the federal judiciary in constitutional cases is political education.
Recently, courts have held that Congress'simpeachment procedures and the President's authority over foreign affairs, particularly the President's powers to abrogate treaties and commit troops, are politicalquestions.
It is justified by the notion that there exist some questions best resolved through the political process, voters approving or correcting the challenged action by voting for or against those involved in the decision.
Justice Felix Frankfurter was an active and eloquent exponent of maintaining and expanding the politicalquestion doctrine.
Feeds |
Contact