Understanding Political Question Doctrine
By Edward Raver, published Feb 06, 2007
Published Content: 118 Total Views: 69,046 Favorited By: 1 CPs
Essentially, Political Question Doctrine centers on the concept that public business, which is to say the business carried on by the mechanism of government, is to be overseen and regulated by the legislative, rather than the judicial branch, i.e. the court system (Wiecek, 1972). What this serves to accomplish is to protect the judiciary from political entanglements and to keep the courts impartial by ensuring that court decisions will not be swayed by the possibility that political gain or loss could be realized by a court when it rules in a certain way. Quite literally, it can be said that in this sense, Political Question Doctrine is a balance of power within Constitutional lines personified.
Political Question Doctrine has manifested itself in many important ways in the literal centuries since the Supreme Court first invoked it. Possibly one of the most telling instances of the value and practice of Political Question Doctrine can be seen in situations where the Supreme Court has declined to rule on issues that would impact members of lower courts, thereby avoiding a conflict of interest and the influence of politics on law. A classic example of this involved the invocation of Political Question Doctrine on the issue of the impeachment of a judge in Nixon v. United States.
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