Constitutional LawClass 3 January 12, 2008

THE POLITICAL QUESTION DOCTRINE

Spring 2008Professor FischerOffice: Room 412

202-319-5568fischerATlaw.edu

Marbury v. Madison

• Recap of main points you should take away from last class

POLITICAL QUESTION DOCTRINE

• What is it?• Origins• Should this doctrine

exist?• Sources

Baker v. Carr (1962) (Brennan)

SMALL GROUP BRAINSTORMING SESSIONS

• 2 hypos

A. FOREIGN RELATIONS: Goldwater v. Carter (1979)

B. IMPEACHMENT

• United States v. Nixon (1993)

• A I § 3: The Senate shall have the sole Power to try all Impeachments

C. CONGRESS’ ABILITY TO REGULATE ITS INTERNAL PROCESSES

• Powell v. McCormack (1969)

Article I

• § 2 No Person shall be a Representative who shall have not attained to the Age of twenty five Years, and been seven years a Citizen of the United Stts, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article I

• § 5 Each House shall be the Judge of the . . . Qualifications of its own Members

D. Guarantee Clause Cases: Luther v. Borden (1849)

• A 4 § 4: The United States shall guarantee to every State in this Union a Republican Form of Government . . .

E. Apportionment: Baker v. Carr (1962) (Brennan)

F. Gerrymandering

• Davis v. Bandemer (1986)

• Vieth v. Jubelirer (2004) [C p. 81],

• League of Latin American Citizens v. Perry (2006) [Supp. p. 23]