The Political Question Doctrine and the Supreme Court of the United States
by Mourtada-Sabbah, Nada; Cain, Bruce E.; Adler, David Gray; Avril, Pierre; Barkow, Rachel E.; Choper, Jesse; Chemerinsky, Erwin; Fisher, Louis; Fox, John W.; Hasen, Richard L.; Kassop, Nancy; Persily, Nathaniel; Siegel, Jonathan R.; Tushnet, MarkFormat: Hardcover
Pub. Date: 2007-01-11
Publisher(s): Lexington Books
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Summary
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, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Table of Contents
| Introduction | p. 1 |
| The Rise and Fall of the Political Question Doctrine | p. 23 |
| Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine | p. 47 |
| Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases | p. 75 |
| Two Centuries of Changing Political Questions in Cultural Context | p. 89 |
| A Political Question By Any Other Name: Government Strategy in the Enemy Combatant Cases of Hamdi and Padilla | p. 127 |
| Political Questions in France | p. 169 |
| Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine | p. 181 |
| Bush v. Gore: Too Political? | p. 199 |
| Political Questions and Political Cases: The Evolving Justifications for Judicial Involvement in Politics | p. 219 |
| Termination of the ABM Treaty and the Political Question Doctrine: Judicial Succor for Presidential Power | p. 231 |
| Political Questions and Political Remedies | p. 243 |
| About the Authors | p. 269 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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