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.
At the heart of the Political Question Doctrine lies one essential issue that must not be overlooked- without such protections in place, the governmental system of the United States, so carefully balanced by the framers of the Constitution, could be destroyed if the judiciary became entangled in the issues of politics, for within that realm, the power and influence of politicians could be used to quite literally hijack the legal system of the US. By using the doctrine, a nonpartisan judiciary, at least in spirit, can be maintained.
Ultimately, in fairness, the validity of Political Question Doctrine can be questioned due to the simple fact that in the case of the Supreme Court, as an example, the members of that court itself are appointed by the President of the United States- hardly an atmosphere that would breed impartiality. Conversely, however, it can be argued that the Doctrine itself could lead to impartiality, based on the fact that the President would have no distinct advantage in appointing a given individual to the Court, if in fact the Court had no influence in political matters.
As with so many other legal issues, the validity of Legal Question Doctrine is not absolute; this being said, however, the Doctrine, by all appearances, is vital to the continued separation of powers within the government and the preservation of Constitutional mandates.
References
Wiecek, W. M. (1972). The Guarantee Clause of the U.S. Constitution. Ithaca, NY: Cornell University Press.
Published by Edward Raver
To briefly describe myself, I am a full time business professional, who enjoys freelance writing as a part time endeavor. I find it quite rewarding; moreover, my professional experience, education and intere... View profile
Working as a Background Talent on Showtime's The United States of TaraAn interesting new weekly series on Showtime will air on January 18, 2009 called "United States of Tara." My daughter was hired as a background talent on one of the 13 upcoming...
United States to Play for Gold Medal in Women's Soccer with Win Over Japan By defeating Japan by a score of 4-2, the United States advances to the Gold Medal Game of Women's Soccer against Brazil.- Savana Redding Strip Search is Unconstitutional, Supreme Court RulesIt took nearly six years of passing the case up through the court system for the Supreme Court of the United States to finally decide what most people saw from the very beginning as a severe infraction of a person's r...
United States Women Advance to Gold Medal Match in Olympic SoftballWith a 4-1 win over Japan in an exciting 9 inning match, the United States Women's Softball Team will now play for the Gold Medal.- An Evolving Democracy: The United StatesAt no other time in the 200-year history of the United States has there been a greater opportunity for people to be involved in the evolution of democracy.
- American Political Institutions
- Creating the Monroe Doctrine
- The Role of the Judiciary: The Just Branch of Government
- Question of Christian Political Engagement
- Islamic Astronomers, Copernicus, and the Question of Intellectual Mobility
- Of Turtles and Men - the Exile of the Chagos Islanders
- Ronald Reagan and the Role of American Conservatism in Ending the Cold War
