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The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.
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About the Author
Nada Mourtada-Sabbah is associate professor of political science and chair of the Department of International Studies at the American University of Sharjah. Bruce E. Cain is Robson Professor of Political Science and director of the Institute of Governmental Studies at UC Berkeley and the UC, Washington Center.
Table of Contents
Chapter 1 Introduction
Chapter 2 The Rise and Fall of the Political Question Doctrine
Chapter 3 Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine
Chapter 4 Leaving the Empty Vessel of Republicanism Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases
Chapter 5 Two Centuries of Changing Political Questions in Cultural Context
Chapter 6 A Political Question By Any Other Name: Government Strategy in the Enemy Combatant Cases of Hamdi and Padilla
Chapter 7 Political Questions in France
Chapter 8 Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine
Chapter 9 Bush v. Gore: Too Political?
Chapter 10 Political Questions and Political Cases: The Evolving Justifications for Judicial Involvement in Politics
Chapter 11 Termination of the ABM Treaty and the Political Question Doctrine: Judicial Succor for Presidential Power
Chapter 12 Political Questions and Political Remedies