Constitutional Law

Question 1

Judicial Review

Non-justiciable Political Questions
(issues incapable of judicial resolution)

Answer 1

• recognition of foreign gov’ts
• reception of ambassadors
• nature of wars/hostilities
• partisan gerrymandering
• guarantee of republican form of gov’t
• recognition of Native American tribes
• House/Senate rules for impeachment
• Ratification process for constitutional amendments

Question 2

Judicial Review

A case presents a nonjusticiable politcal question when:

Answer 2

• the Constitution has reserved decision-making on an issue to the executive or legislative brand and/or
• the matter is inherently not one that the judiciary can decide–i.e., there is a lack of judicially discoverable and mangeable standards to resolve the issue.