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."
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Famous quotes containing the words leading and/or authority:
“Do you know I believe that [William Jennings] Bryan will force his nomination on the Democrats again. I believe he will either do this by advocating Prohibition, or else he will run on a Prohibition platform independent of the Democrats. But you will see that the year before the election he will organize a mammoth lecture tour and will make Prohibition the leading note of every address.”
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