Warning

Info

LSDefine

Simple English definitions for legal terms

Political Question Doctrine

Read a random definition: Spend down

A quick definition of Political Question Doctrine :

The Political Question Doctrine is a rule that says federal courts cannot hear cases that involve issues that are too political. This means that if a case is about something that only the Executive or Legislative Branch should handle, the court cannot get involved. The doctrine is also called the justiciability doctrine or the nonjusticiability doctrine.

A more thorough explanation:

Definition: The Political Question Doctrine is a legal principle that federal courts will not hear cases that involve political issues. This means that if a case is deemed to be too politically charged, the court will refuse to hear it. The doctrine is also known as the justiciability doctrine or the nonjusticiability doctrine.

One example of the Political Question Doctrine is the case of Oetjen v. Central Leather Co. (1918). In this case, the Supreme Court found that issues related to foreign relations are the sole responsibility of the Executive Branch. Therefore, cases that challenge the way in which the Executive uses that power are considered political questions and cannot be presided over by the court.

Another example is the case of Baker v. Carr (1962), where the Supreme Court held that federal courts should not hear cases that deal directly with issues that the Constitution makes the sole responsibility of the Executive Branch and/or the Legislative Branch.

The doctrine was also extended to lawsuits that challenge the Legislative Branch's procedure for impeachment proceedings in the case of Nixon v. United States (1993).

The Political Question Doctrine is based on the idea that certain issues are too politically charged for the court to handle. The court is viewed as an apolitical branch of government, and therefore, it should not get involved in political matters. The examples illustrate how the court has applied this doctrine in cases related to foreign relations, the Executive Branch, the Legislative Branch, and impeachment proceedings. The doctrine ensures that the court remains impartial and does not become involved in political disputes.

political question | political-offense exception

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
14:20
oh I already took it lol
14:20
i’m going to nyc to hang out today
ahh thought you took it today
how do you feel it went?
14:54
@RollTide316: I will be an October test taker.
manifestmoreadmissions
15:10
wait is glove taking their test today
manifestmoreadmissions
15:11
manifesting the easiest most stellar and almost fun questions for glove (and everyone else)
Nel folks that could be a 147 i just put up
manifestmoreadmissions
15:14
its a 180 trust
manifestmoreadmissions
15:14
but i know the feeling
manifestmoreadmissions
15:15
its gonna be so good its already so good
manifesting a “it’s gonna be so good” for glove
i paid for the secret extra special same day score preview for gloves lsat and i just read the score and it says “10 points over your highest pt” in the score band
Holy sheeet huge if true wasp
was this lsat weekend?
18:15
Yeah
AssortedTiredKingfisher
18:37
yuh
19:24
the movie 弟弟 is so good. movie of the summer
19:39
I watched the trailer and it reminded me of Ladybird. I think I will pass but if I'm 5-10 years from now people are still talking about it, I will give it a shot.
19:39
Right now with Asian cinema I am stuck in the Zatoichi series.
19:40
In*
20:15
it’s a pretty standard coming of age movie but i found it really funny and it was nice for me to watch a movie in chinese
20:15
now that i’m not in school i never get to practice my chinese anymore
20:48
You sound like my brother. He loves movies like this and he complains to me how he can't practice Chinese anymore. Yet, I have chinese friends and he wont speak chinese to them.
LSD+ is ad-free, with DMs, discounts, case briefs & more.