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.
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Famous quotes containing the words court and/or cases:
“In government offices which are sensitive to the vehemence and passion of mass sentiment public men have no sure tenure. They are in effect perpetual office seekers, always on trial for their political lives, always required to court their restless constituents.”
—Walter Lippmann (1889–1974)
“I do not believe in lawyers, in that mode of attacking or defending a man, because you descend to meet the judge on his own ground, and, in cases of the highest importance, it is of no consequence whether a man breaks a human law or not. Let lawyers decide trivial cases.”
—Henry David Thoreau (1817–1862)