The Political Question Doctrine and the Supreme Court of the United States

The Political Question Doctrine and the Supreme Court of the United States

by Richard L. Hasen, Mark Tushnet, Erwin Chemerinsky, Rachel E. Barkow, John W. Fox, Nada Mourtada-Sabbah, Bruce E. Cain, David Gray Adler, Pierre Avril, Jesse Choper, Louis Fisher, Nancy Kassop, Nathaniel Persily, Jonathan R. Siegel

282 pages· 2007· ISBN 9780739112847

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The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.

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