Political Questions

Question 1

T/F: A challenge to malapportionment of state legislatures brought under the Equal Protection Clause is not a political question and is thus justiciable

Answer 1

True

(Baker v. Carr)

Question 2

What case gives us the 6 political question descriptions?

Answer 2

Baker v. Carr

Question 3

Which of the political question doctrine items is not tied to separation of powers?

Answer 3

2: A lack of judicially discoverable and manageable standards for resolving the issue

This is what courts rely on when they simply don’t want to decide a case

Question 4

In which case did the Supreme Court decide that partisan gerrymandering is a nonjusticiable political question?

Answer 4

Rucho v. Common Cause

Used #2: No judicially discoverable and manageable standards for resolving

Question 5

T/F: If there is the potentiality of embarrassment from multifarious pronouncements by various departments on one question, the court can dismiss the case as a political question

Answer 5

True (#6)

Question 6

T/F: The court can dismiss the case as a political question if there is an unusual need for unquestioning adherence to a political decision already made

Answer 6

True (#5)

Question 7

When there is an impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion, a court may dismiss the case as a _________________.

Answer 7

Political Question (#3)

Question 8

The impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government means the court may dismiss the case as a ______________.

Answer 8

Political Question (#4)

Question 9

T/F: The following falls under the umbrella of a “political question”:

A textually demonstrable constitutional commitment to a coordinate political department

Answer 9

True (#1)