Political Question Doctrine [Justiciability Doctrine 5/5]

Question 1

Political Question Doctrine

Answer 1

In political question cases, the Court hold that the subject matter should be left to the political branches – the legislature/the executive – for a decision.

Question 2

2 questions to determine whether a political question is implicated

Answer 2

There is no precise test, Court tends to focus on 2 questions determining whether a political question is implicated:
1. Does the issue implicate the separation of powers?
2. Does the Constitution commit resolution of the issue to either the President or Congress?

If the answer is YES to BOTH questions –> Likely a Political Question.