Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor...
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Transcript of Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor...
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]