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

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

2 William Cranch

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

4 Baker v. Carr (1962) (Brennan)

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

6 Luther v. Borden (1849)

7 FOREIGN RELATIONS: Goldwater v. Carter (1979)

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

9 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.

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

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

12 CONSTITUTIONAL AMENDMENTS Coleman v. Miller (1939) ERA

13 QUESTION SHOULD THERE BE A POLITICAL QUESTION DOCTRINE?

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

15 THE U.S. Supreme Court

16 SUPREME COURT JUSTICES

17 Chief Justice John Roberts

18 Associate Justice John Paul Stevens

19 Associate Justice Antonin Scalia

20 Associate Justice Anthony Kennedy

21 Associate Justice David Souter

22 Associate Justice Clarence Thomas

23 Associate Justice Ruth Bader Ginsburg

24 Associate Justice Stephen Breyer

25 Associate Justice Samuel Alito

26 Retired Justice Sandra Day O’Connor

27 SUPREME COURT JUSTICES

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