Constitutional Law Class 3 January 12, 2006 THE POLITICAL QUESTION DOCTRINE

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Constitutional LawClass 3 January 12, 2006THE
POLITICAL QUESTION DOCTRINE

• Spring 2007
• Professor Fischer
• Office Room 412
• 202-319-5568
• fischerATlaw.edu

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William Cranch
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Origins of PQ Doctrine Marbury v. Madison (John
Marshall)
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Baker v. Carr (1962) (Brennan)
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Guaranty Clause Cases

• A 4 4 The United States shall guarantee to
  every State in this Union a Republican Form of
  Government

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Luther v. Borden (1849)
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FOREIGN RELATIONS Goldwater v. Carter (1979)
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CONGRESS ABILITY TO REGULATE ITS INTERNAL
PROCESSES

• Powell v. McCormack (1969)

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Article I

• 2 No Person shall be a Representative who shall
  have not attained to the Age of twenty five
  Years, and been seven years a Citizen of the
  United Stts, and who shall not, when elected, be
  an Inhabitant of that State in which he shall be
  chosen.

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Article I

• 5 Each House shall be the Judge of the . . .
  Qualifications of its own Members

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IMPEACHMENT

• United States v. Nixon (1993)
• A I 3 The Senate shall have the sole Power to
  try all Impeachments

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CONSTITUTIONAL AMENDMENTS

• Coleman v. Miller (1939)
• ERA

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QUESTION

• SHOULD THERE BE A POLITICAL QUESTION DOCTRINE?

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QUESTION

• IS THE POLITICAL QUESTION DOCTRINE
  CONSTITUTIONAL, PRUDENTIAL, OR BOTH?

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THE U.S. Supreme Court
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SUPREME COURT JUSTICES
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Chief Justice John Roberts
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Associate Justice John Paul Stevens
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Associate Justice Antonin Scalia
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Associate Justice Anthony Kennedy
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Associate Justice David Souter
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Associate Justice Clarence Thomas
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Associate Justice Ruth Bader Ginsburg
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Associate Justice Stephen Breyer
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Associate Justice Samuel Alito
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Retired Justice Sandra Day OConnor
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SUPREME COURT JUSTICES