ABSTRACT

Political Question Doctrine: The Doctrine in the Modern Era (Part 3) [June 14, 2022]   [open pdf - 700KB]

From the Document: "This Legal Sidebar is the third in a six-part series [hyperlink] that discusses the Supreme Court's political question doctrine, which instructs that federal courts should forbear from resolving questions when doing so would require the judiciary to make policy decisions, exercise discretion beyond its competency, or encroach on powers the Constitution vests in the legislative or executive branches. By limiting the range of cases federal courts can consider, the political question doctrine is intended to maintain the separation of powers and recognize the roles of the legislative and executive branches in interpreting the Constitution. Understanding the political question doctrine may assist Members of Congress in recognizing when actions of Congress or the executive branch would not be subject to judicial review. For additional background on this topic and citations to relevant sources, please see the Constitution of the United States, Analysis and Interpretation [hyperlink]."

Report Number:
CRS Legal Sidebar, LSB10758
Author:
Publisher:
Date:
2022-06-14
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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