Baker v. Carr(1962): Limits on Judicial Power, Political Questions

t In this case, the Supreme Court accepts jurisdiction over the apportionment of legislative seats, the Court sets forth the criteria for determining whether a case falls within the category of a “POLITICAL QUESTION”

n Majority: BRENNAN: The court identified six criteria indicate the kinds of questions not subject to judicial resolution: 1) A textually demonstrable constitutional commitment of the issue to a coordinate political department. 2) A lack of judicially discoverable and manageable standards for resolving it. 3) The impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion. 4) The impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government. 5) An unusual need for unquestionable adherence to a political decision already made. 6) The potentially of embarrassment from multifarious pronouncements by various departments on one question.

Nixon v. United States(1993): Limits, Political Question

t The House of Rep. impeached Walter Nixon, a federal district judge, following his federal conviction and imprisonment for making false statements to a federal grand jury. Pursuant to Senate Rule XI, the Senate delegated much of its role in trying the impeachment to a committee of Senators.

n Majority: REHNQUIST: The Court decided that the controversy was nonjusticiable, because it involved a political question. The Court relied on the “textually demonstrable… coordinate political department” test, and also the “no discoverable and manageable standard to resolve it…” test. Article I, sec. 3 says the Senate has the “sole” authority to govern the impeachment.

Date: 2015-01-02; view: 915