Political Questions

Question 1

Are political question holdings really just ___

Answer 1

merits holdings in disguise

Question 2

The fact that a case is politically important__

Answer 2

does not make it a political question.

Question 3

Hamburger: Political question doctrine has been __ leading credence to suggestions of some justices that they are open to reinterpreting

Answer 3

misused

Question 4

Hamburger thinks it was ____ to use political questions doctrine in Nixon or Luther

Answer 4

not appropriate (not applicable or necessary)

Question 5

“the political question doctrine is “essentially a function of the ___,” Baker (quoted in Nixon, __

Answer 5

SoP, Souter dissenting

Question 6

Political questions are those that ___

Answer 6

belong to a political branch

Question 7

Key question of political Q - Is the legal issue presented ___ or is it instead a matter ___

Answer 7

appropriate for judicial resolution, left to the resolution of the political branches of government?

Question 8

What belongs to the political branches is ___

Answer 8

not clearN

Question 9

Narrow version of what belongs to the political branches

Answer 9

what Const gives to President and Congress

Question 10

Broad version of what belongs to the political branches

Answer 10

that which judiciary in its prudence decides it shouldn’t decide [room for abuse?]

Question 11

Generally, courts are reluctant to get involved in political questions because they are fearful of ____, which it depends on because unlike other branches it ____

Answer 11

jeopardizing judiciary’s legitimacy, doesn’t have enforcement powers

Question 12

One reason courts will consider something a political question is if t___ (e.g., impeachment as in Nixon

Answer 12

they fear a ruling on the matter might not be listened to

Question 13

“A controversy is nonjusticiable—i.e., involves a political question—where there is “___; OR a lack of ___….” Baker v. Carr (quoted in Walter Nixon)

Answer 13

a textually demonstrable constitutional commitment of the issue to a coordinate political department OR judicially discoverable and manageable standards for resolving it

Question 14

Other Baker factors

Answer 14

impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court’s without expressing lack of the respect due coordinate branches of government; 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

Question 15

Luther facts

Answer 15

Dispute/rebellion in Rhode Island between “charter government” (with restricted franchise) and self-proclaimed gvt. based off new const.. President endorses charter gvt. and rebellion dies down

Question 16

Luther holding

Answer 16

Whether a state government is legitimate is not a judicial subject but a political one, and is the determination of Congress and the President, not the courts

Question 17

Luther takeaway

Answer 17

some types of legal disputes which the Constitution allocates to legislature/executive

Question 18

What is Republican form of governance clause

Answer 18

presupposes that Congress and/or the President will determine if a state has a republican form of government or is subject to domestic violence

Question 19

Luther reasoning 1

Answer 19

Republican form of governance clause so not judicial Q

Question 20

Luther reasoning 2

Answer 20

Both old and new governments constitutions meet the “republican form of government” Constitutional requirement. So perhaps neither is objectively legally “correct” in the eyes of the Court

Question 21

Nixon Facts

Answer 21

Nixon was a federal judge who was convicted of accepting a bribe in order to ask a local district attorney to drop a case. He did not resign, so he continued getting salary in prison. The House impeached him. The Senate convicted him for perjury etc., after having first had a select committee take evidence (so trial isn’t before entire Senate).

Question 22

Nixon holding

Answer 22

claim not justiciable because of textual commitment and lack of finality, it’s up to the Senate to determine how it wants to interpret its impeachment proceedings

Question 23

Textual commitment in Nixon __

Answer 23

Constitution’s use of the words “try” and “sole” imply the Senate has broad discretion in its impeachment proceedings

Question 24

Lack of finality argument in Nixon _

Answer 24

judicial review of Senate impeachment procedures would lead to chaos

Question 25

Nixon Textual argument 2 the commonsense and dictionary meanings of the word “sole” indicate that ___

Answer 25

this authority is reposed in the Senate alone…”

Question 26

Nixon Textual argument 3 - ____ support our reading of the constitutional language.

Answer 26

The history and contemporary understanding of the impeachment provisions

Question 27

Nixon Textual argument 1 - the use of the word “try” in the first sentence of the Senate Impeachment Trial Clause ____ of the Senate’s actions” since it is a broad word, plus the Const. ___on the Senate

Answer 27

lacks sufficient precision to afford any judicially manageable standard of review, imposes three specific requirements

Question 28

Hamburger: When Const. says Senate has sole power to try, the Court should ____

Answer 28

ensure Nixon has every right to be tried

Question 29

Hamburger thinks Nixon decision ____ for the sake of ___

Answer 29

waters down rights, efficiency (functionalist)

Question 30

Hamburger thinks Nixon Court could have gotten to the same result by saying ___ —but instead Court chose the path of political question (thus making it ____)

Answer 30

“try” means try as Senate wishes, easier to allow Senate to do this

Question 31

Nixon raises the question of is this really ___

Answer 31

really without limit?

Question 32

Souter says no, Court could review if ___

Answer 32

determined guilt on a coin toss (Nixon, Souter dissenting)

Question 33

Hamburger thinks Nixon raises the question of what the ____ for Court Review of Senate

Answer 33

limit/what is really bad