PowerPoint Slideshow about 'Chapter 6 - The role of the Judiciary' - shanae
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Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or
a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion; or
the impossibility of a court’s undertaking independent resolution without expressing lack of respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or
the potentiality of embarrassment from multifarious pronouncements by various departments on one question.
This court’s refusal to exercise jurisdiction under the . . . political question doctrine by no means permits the President to interpret the executive’s powers as he sees fit, nor does it mean that the legislative branch is helpless without the assistance of the judicial branch. Congress possesses ample powers under the Constitution to prevent Presidential overreaching, should Congress choose to exercise them.
‘‘standing to sue may not be predicated upon an interest of the kind alleged here which is held in common by all members of the public, because of the necessarily abstract nature of the injury all citizens share.’’
Putting aside the court's ruling, do the plaintiffs have a valid constitutional argument?
Why does it matter which constitutional provision is being violated?
What is the two part test?
How is the activity linked to the taxpayer?
the taxpayer must show that the challenged enactment exceeds specific constitutional limitations imposed upon the exercise of the congressional taxing and spending power and not simply that the enactment is generally beyond the powers delegated to Congress by Art. I, §8
Do you think a tax payer can assert that a war is illegal?
Can a tax payer get standing if he complains that he does not want his tax money spent on an illegal war?
What does it mean to say that "there were congressional votes defeating a declaration of war (427-2), defeating an authorization of the air strikes (213-213), defeating a resolution ordering an immediate end to U.S. participation in the NATO operation (290-139)
What is the legal status of a bill that does not pass?