Political question (original) (raw)

In United States law, a ruling that something is a political question is a statement by a federal court, declining to rule in a case because: 1) the Constitution has committed decisionmaking on this subject to another branch of the federal government; 2) there are inadequate standards for the court to apply; or 3) the court feels it is prudent not to interfere. Recently, courts have held that Congress's impeachment procedures and the President's authority over foreign affairs, particularly the President's powers to abrogate treaties and commit troops, are political questions.

The doctrine has its roots in the federal judiciary's desire to avoid inserting itself into conflicts between branches of the federal government. It is justified by the notion that there exist some questions best resolved through the political process, voters approving or correcting the challenged action by voting for or against those involved in the decision. Critics of the doctrine argue that it has little or no basis in the text of the Constitution and is used by courts to shirk responsibility for deciding difficult questions.