Origin
The doctrine has its roots in the historic Supreme Court case of Marbury v. Madison (1803). In that case, Chief Justice John Marshall drew a distinction between two different functions of the Secretary of State. Marshall stated that when the Secretary of State was performing a purely discretionary matter, such as advising the President on matters of policy, he was not held to any legally identifiable standards. Therefore, some of the Secretary's actions are unable to be reviewed by a court of law.
The doctrine is grounded 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.
Read more about this topic: Political Question
Famous quotes containing the word origin:
“We have got rid of the fetish of the divine right of kings, and that slavery is of divine origin and authority. But the divine right of property has taken its place. The tendency plainly is towards ... a government of the rich, by the rich, and for the rich.”
—Rutherford Birchard Hayes (18221893)
“The origin of storms is not in clouds,
our lightning strikes when the earth rises,
spillways free authentic power:
dead John Browns body walking from a tunnel
to break the armored and concluded mind.”
—Muriel Rukeyser (19131980)
“In the woods in a winter afternoon one will see as readily the origin of the stained glass window, with which Gothic cathedrals are adorned, in the colors of the western sky seen through the bare and crossing branches of the forest.”
—Ralph Waldo Emerson (18031882)