constitutional law · defense
The political question doctrine refers to a constitutional principle that certain issues are best handled by the executive or legislative branches rather than the judiciary. This doctrine is often invoked to dismiss cases where judicial resolution would violate the separation of powers.
This element requires that the Constitution explicitly designates the resolution of the issue to a particular branch of government.
What to prove: To satisfy this element, a party must show that the Constitution provides a clear assignment of authority over the issue at hand to another branch of government.
This considers whether the court has standards by which it can judge the issues presented in the case.
What to prove: The party must demonstrate that the court cannot develop standards or guidelines that could effectively resolve the dispute.
The courts must determine if the issues in the case are fundamentally about policy choices, which are best left to elected branches.
What to prove: One must establish that the issue involves considerations of policy that are not suitable for judicial resolution.
The party asserting the political question doctrine bears the burden of proof regarding the application of this doctrine, and the standard is a preponderance of the evidence.
On exams, be prepared to identify and analyze cases that touch on the political question doctrine, emphasizing the separation of powers and the implications of judicial restraint.