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Simple English definitions for legal terms

political question

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A quick definition of political question:

A political question is a topic that the Supreme Court decides is not appropriate for them to review because it should be left to the President and Congress to make decisions about. This means that the courts will not get involved in constitutional questions related to these topics and will let the political process handle them instead. The court will usually decide that a matter is a political question for one of two reasons: either the Constitution has already given the decision-making power to other branches of government, or the court decides it is better to stay out of the matter.

A more thorough explanation:

Political question refers to a topic that the Supreme Court considers inappropriate for judicial review. This is because the power to make decisions on such matters should be left to the branches of government that are accountable to the people, such as the President and Congress. Therefore, the courts will not interfere in constitutional questions related to political matters and will leave them to be resolved through the political process.

The courts usually consider a matter to be a political question for two reasons:

  1. The Constitution has already assigned the matter to other non-judicial branches of government for decision-making, and the courts do not want to interfere with the separation of powers.
  2. The courts choose to refrain from adjudicating the matter due to prudential concerns.

For example, the Supreme Court may consider a dispute between the President and Congress over war powers to be a political question. This is because the Constitution grants the President the power to make decisions related to national security, while Congress has the power to declare war. Therefore, the Supreme Court may choose not to intervene in such a dispute and leave it to the political process to resolve.

policyholder | Political Question Doctrine

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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