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9780739112830

The Political Question Doctrine and the Supreme Court of the United States

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  • ISBN13:

    9780739112830

  • ISBN10:

    073911283X

  • Format: Hardcover
  • Copyright: 2007-01-11
  • Publisher: 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

Introductionp. 1
The Rise and Fall of the Political Question Doctrinep. 23
Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrinep. 47
Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Casesp. 75
Two Centuries of Changing Political Questions in Cultural Contextp. 89
A Political Question By Any Other Name: Government Strategy in the Enemy Combatant Cases of Hamdi and Padillap. 127
Political Questions in Francep. 169
Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrinep. 181
Bush v. Gore: Too Political?p. 199
Political Questions and Political Cases: The Evolving Justifications for Judicial Involvement in Politicsp. 219
Termination of the ABM Treaty and the Political Question Doctrine: Judicial Succor for Presidential Powerp. 231
Political Questions and Political Remediesp. 243
About the Authorsp. 269
Table of Contents provided by Ingram. All Rights Reserved.

Supplemental Materials

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