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Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor Fischer Office: Room 412 202-319-5568 fischerATlaw.edu.

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Presentation on theme: "Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor Fischer Office: Room 412 202-319-5568 fischerATlaw.edu."— Presentation transcript:

1 Constitutional Law Class 3 January 12, 2008 THE POLITICAL QUESTION DOCTRINE Spring 2008 Professor Fischer Office: Room fischerATlaw.edu

2 Marbury v. Madison •Recap of main points you should take away from last class

3 POLITICAL QUESTION DOCTRINE •What is it? •Origins •Should this doctrine exist? •Sources

4 Baker v. Carr (1962) (Brennan)

5 SMALL GROUP BRAINSTORMING SESSIONS •2 hypos

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

7 B. IMPEACHMENT •United States v. Nixon (1993) •A I § 3: The Senate shall have the sole Power to try all Impeachments

8 C. CONGRESS’ ABILITY TO REGULATE ITS INTERNAL PROCESSES •Powell v. McCormack (1969)

9 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.

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

11 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...

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

13 F. Gerrymandering •Davis v. Bandemer (1986) •Vieth v. Jubelirer (2004) [C p. 81], •League of Latin American Citizens v. Perry (2006) [Supp. p. 23]


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