Political Question - Court Cases

Court Cases

Important cases discussing the political question doctrine:

• Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), the origin of the phrase.
• Luther v. Borden, 48 U.S. 1 (1849) – Guarantee of a republican form of government is a political question to be resolved by the President and the Congress;
• Coleman v. Miller, 307 U.S. 433 (1939) – Mode of amending federal Constitution is a political question;
• Colegrove v. Green, 328 U.S. 549 (1946) – Apportionment of Congressional districts is a political question ;
• Baker v. Carr, 369 U.S. 186 (1962) – Apportionment of state legislatures in which the court ruled that this was not a political question;
• Powell v. McCormack, 395 U.S. 486 (1969) – Congressional authority to exclude members who have met qualifications to serve is not a political question;
• Goldwater v. Carter, 444 U.S. 996 (1979) – Presidential authority to terminate treaties is a political question;
• INS v. Chadha, 462 U.S. 919 (1983) – Constitutionality of one house legislative veto is not a political question;
• Nixon v. United States, 506 U.S. 224 (1993) – Senate authority to try impeachments and impeachment are political questions.