Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor Fischer Office: Room 412 202-319-5568 fischerATlaw.edu.

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Presentation transcript:

Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor Fischer Office: Room fischerATlaw.edu

Marbury v. Madison •Recap of main points you should take away from last class

POLITICAL QUESTION DOCTRINE •What is it? •Origins •Should this doctrine exist? •Sources

Baker v. Carr (1962) (Brennan)

SMALL GROUP BRAINSTORMING SESSIONS •2 hypos

A. FOREIGN RELATIONS: Goldwater v. Carter (1979)

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

C. 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

D. Guarantee Clause Cases: Luther v. Borden (1849) •A 4 § 4: The United States shall guarantee to every State in this Union a Republican Form of Government...

E. Apportionment: Baker v. Carr (1962) (Brennan)

F. Gerrymandering •Davis v. Bandemer (1986) •Vieth v. Jubelirer (2004) [C p. 81], •League of Latin American Citizens v. Perry (2006) [Supp. p. 23]