Political Questions Judicial Answers PDF Download
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Author | : Thomas M. Franck |
Publisher | : Princeton University Press |
Total Pages | : 209 |
Release | : 2012-05-05 |
Genre | : Law |
ISBN | : 1400820731 |
Download Political Questions Judicial Answers Book in PDF, ePub and Kindle
Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."
Author | : Professor Thomas M Franck |
Publisher | : |
Total Pages | : |
Release | : 1992-01-01 |
Genre | : |
ISBN | : 9781400815920 |
Download Political Questions/Judicial Answers Book in PDF, ePub and Kindle
Almost since the beginning of the republic, America's rigorous separation of powers among the executive, legislative, and judicial branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge - and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."
Author | : Nada Mourtada-Sabbah |
Publisher | : Rowman & Littlefield |
Total Pages | : 282 |
Release | : 2007 |
Genre | : Political Science |
ISBN | : 0739112848 |
Download The Political Question Doctrine and the Supreme Court of the United States Book in PDF, ePub and Kindle
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.
Author | : Congressional Research Congressional Research Service |
Publisher | : CreateSpace |
Total Pages | : 28 |
Release | : 2014-12-23 |
Genre | : |
ISBN | : 9781505876994 |
Download The Political Question Doctrine Book in PDF, ePub and Kindle
Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual "Cases" and "Controversies." The Supreme Court has articulated several "justiciability" doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their resolution is more proper within the political branches. Because of the potential implications for the separation of powers when courts decline to adjudicate certain issues, application of the political question doctrine has sparked controversy. Because there is no precise test for when a court should find a political question, however, understanding exactly when the doctrine applies can be difficult. The doctrine's origins can be traced to Chief Justice Marshall's opinion in Marbury v. Madison; but its modern application stems from Baker v. Carr, which provides six independent factors that can present political questions. These factors encompass both constitutional and prudential considerations, but the Court has not clearly explained how they are to be applied. Further, commentators have disagreed about the doctrine's foundation: some see political questions as limited to constitutional grants of authority to a coordinate branch of government, while others see the doctrine as a tool for courts to avoid adjudicating an issue best resolved outside of the judicial branch. Supreme Court case law after Baker fails to resolve the matter. The Court has historically applied the doctrine in a small but disparate number of cases, without applying clear rules for lower courts to follow. Possibly as a result of the murky nature of the doctrine, it has regularly been invoked in lower federal courts in cases concerning foreign policy. However, a recent Supreme Court case, Zivotofsky v. Clinton, appears to have narrowed the scope of the political question doctrine. In a suit seeking the vindication of a statutory right in the foreign affairs context, the Court reversed a lower court's finding that the case posed a political question. The Court explained that the proper analysis in such a situation begins not by asking whether adjudicating the case would require review of the foreign policy decisions of the political branches, but instead examining whether the plaintiff correctly interpreted the statute, followed by determining whether the statute was constitutional. The Court's opinion appears to restrict the types of claims that can pose political questions, and seems to encourage courts to decide more statutory claims on the merits. In turn, the decision could lead to increased judicial resolution of controversies concerning the separation of powers, rather than resolutions between the political branches themselves.
Author | : J. Peter Mulhern |
Publisher | : |
Total Pages | : 182 |
Release | : 1987 |
Genre | : Judicial review |
ISBN | : |
Download The Political Question Doctrine and Judicial Review Book in PDF, ePub and Kindle
Author | : Adam Bonica |
Publisher | : Cambridge University Press |
Total Pages | : 335 |
Release | : 2020-12-17 |
Genre | : Law |
ISBN | : 1108841368 |
Download The Judicial Tug of War Book in PDF, ePub and Kindle
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Author | : Keith Bybee |
Publisher | : Cultural Lives of Law |
Total Pages | : 194 |
Release | : 2010-08-24 |
Genre | : Law |
ISBN | : |
Download All Judges Are Political—Except When They Are Not Book in PDF, ePub and Kindle
Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, ePub and Kindle
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Morton M. Maneker |
Publisher | : |
Total Pages | : |
Release | : 1954 |
Genre | : |
ISBN | : |
Download Political Questions and the Doctrine of Judicial Review Book in PDF, ePub and Kindle
Author | : Charles L. Black, Jr. |
Publisher | : Yale University Press |
Total Pages | : 182 |
Release | : 2018-02-01 |
Genre | : Law |
ISBN | : 0300238266 |
Download Impeachment Book in PDF, ePub and Kindle
Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: "To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American."--Bill Bradley, former United States senator "The most important book ever written on presidential impeachment."--Lawfare "A model of how so serious an act of state should be approached."--Wall Street Journal "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."--New York Times Book Review "The finest text on the subject I have ever read."--Ben Wittes