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, Mark

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ISBN: 9780739112830 | 073911283X
Cover: Hardcover
Copyright: 1/11/2007

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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.

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

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