The political question doctrine: suggested criteria.
Duke Law Journal, April, 2005 by Choper, Jesse H.
ABSTRACT
Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article urges that the Justices should reformulate the detailed definition that they have utilized (at least formally) since 1962, and adopt four criteria to be applied in future cases. The least disputed--textual commitment--is the initial factor listed in Baker v. Carr. The other three are based on functional considerations rather than constitutional language or original understanding. The first of these--structural issues: federalism and separation of powers--has been advanced and developed at length in my earlier work. It is based on a comparative advantage of...
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