Constitutional Law Class 3 January 12, 2006 THE POLITICAL QUESTION DOCTRINE Spring 2007 Professor Fischer Office: Room 412 202-319-5568 fischerATlaw.edu.

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Presentation transcript:

Constitutional Law Class 3 January 12, 2006 THE POLITICAL QUESTION DOCTRINE Spring 2007 Professor Fischer Office: Room fischerATlaw.edu

William Cranch

Origins of PQ Doctrine: Marbury v. Madison (John Marshall)

Baker v. Carr (1962) (Brennan)

Guaranty Clause Cases A 4 § 4: The United States shall guarantee to every State in this Union a Republican Form of Government

Luther v. Borden (1849)

FOREIGN RELATIONS: Goldwater v. Carter (1979)

CONGRESS’ ABILITY TO REGULATE ITS INTERNAL PROCESSES Powell v. McCormack (1969)

Article I § 2 No Person shall be a Representative who shall have not attained to the Age of twenty five Years, and been seven years a Citizen of the United Stts, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article I § 5 Each House shall be the Judge of the... Qualifications of its own Members

IMPEACHMENT United States v. Nixon (1993) A I § 3: The Senate shall have the sole Power to try all Impeachments

CONSTITUTIONAL AMENDMENTS Coleman v. Miller (1939) ERA

QUESTION SHOULD THERE BE A POLITICAL QUESTION DOCTRINE?

QUESTION IS THE POLITICAL QUESTION DOCTRINE CONSTITUTIONAL, PRUDENTIAL, OR BOTH?

THE U.S. Supreme Court

SUPREME COURT JUSTICES

Chief Justice John Roberts

Associate Justice John Paul Stevens

Associate Justice Antonin Scalia

Associate Justice Anthony Kennedy

Associate Justice David Souter

Associate Justice Clarence Thomas

Associate Justice Ruth Bader Ginsburg

Associate Justice Stephen Breyer

Associate Justice Samuel Alito

Retired Justice Sandra Day O’Connor

SUPREME COURT JUSTICES