Leading Authority
The leading Supreme Court case in the area of political question doctrine is Baker v. Carr (1962). In the opinion written for Baker, the Court outlined six characteristics of a political question. These include:
- A "textually demonstrable constitutional commitment of the issue to a coordinate political department; or"
- A "lack of judicially discoverable and manageable standards for resolving it; or"
- The "impossibility for a court's independent resolution without expressing a lack of respect for a coordinate branch of the government; or"
- The "impossibility of deciding the issue without an initial policy decision, which is beyond the discretion of the court; or"
- An "unusual need for unquestioning adherence to a political decision already made; or"
- The "potentiality of embarrassment from multifarious pronouncements by various departments on one question."
Read more about this topic: Political Question
Famous quotes containing the words leading and/or authority:
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—Friedrich Nietzsche (1844–1900)
“The government, which is the supreme authority in states, must be in the hands of one, or of a few, or of the many. The true forms of government, therefore, are those in which the one, the few, or the many, govern with a view to the common interest.”
—Aristotle (384–323 B.C.)