Constitutional Law

Political Question Doctrine

Definition

The political question doctrine holds that certain constitutional issues are non-justiciable because they are committed by the Constitution to the political branches (Congress or the President) rather than the courts. Under Baker v. Carr factors, a case presents a political question if there is a textual commitment to a coordinate branch, a lack of judicially discoverable and manageable standards, or the potential for embarrassment from multiple pronouncements on the subject by different branches.

Example

Voters challenge partisan gerrymandering. The Court may hold that the constitutionality of partisan districting is a political question committed to the legislature.

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