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Topic: Political question

In the News (Fri 25 Dec 09)

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	University of Chicago Law Review
		In the brief space of three words, the phrase "political question doctrine" funnels the noisy sounds of conflict into a staid category of law; it collapses the wide world‑‑where aspirations, hatreds, and interests are in collision‑‑into a small, identifiable arena.
		Political discretion either at the beginning or the end of a lawsuit raises important questions, but these questions relate only partially and ambiguously to the integrity of the rule of law in the middle of the lawsuit.
		Bickel's treatment of political questions was once thought subversive, but a mainstream Republican Court has established two of his principal ideas: that all constitutional issues have broad political aspects and that the function of the federal judiciary in constitutional cases is political education.
	www.law.berkeley.edu /faculty/yooj/courses/forrel/reserve/nagel.htm (8402 words)

	Political question - Wikipedia, the free encyclopedia
		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.
		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.
		Justice Felix Frankfurter was an active and eloquent exponent of maintaining and expanding the political question doctrine.
	en.wikipedia.org /wiki/Political_question (189 words)

	MyDD :: The Political Question
		So this is my first entry of this sort - in general, I keep my political ramblings to the pages of the politics blog I run with a handful of friends scattered about the country - i'm just waiting for the robot invasion but maybe I'll dump this here first.
		Politics is something that I think has been massively misrepresented in this country in the past few years.
		It's actually hard to even define what we mean when we say "Politics" but for the sake of this argument, lets assume that it's government, policy, and the issues that surround political campaigns.
	theobrien.mydd.com /story/2004/10/5/03237/8215 (481 words)

	Political Philosophy of John Locke [Internet Encyclopedia of Philosophy]
		This political and social context is vital to be aware of, for the tensions and violence of the era permeate the atmosphere in which Locke matured and wrote his political writings.
		Political Realism) that sees the lack of, or ineffectiveness of international bodies, as evidence of a presiding anarchy between nations — even in the absence of actual war, such a situation is still, on Lockean and Hobbesian reasoning characteristic of the state of nature.
		Political power is the power that every man in the state of nature possesses but which is given over to the society that they form: i.e., to the government set up to create an established and known set of laws, to arbitrate in disputes, and to preserve the life and property of its members.
	www.iep.utm.edu /l/locke-po.htm (14350 words)

	Political Question -- Attorneys and Legal Advice (Site not responding. Last check: 2007-10-10)
		Antiwar.com, Perhaps the most important political question is whether the Bush administration is to be held accountable for any of its actions, or whether it now enjoys...
		The military courts ruled that this was a political question, outside the jurisdiction of their courts.
		The political question of the hour is not only, however, whether or not the violence is the work of evil.
	www.cougarlegal.com /practice_areas/Political_Question.html (1421 words)

	SurfWax: News, Reviews and Articles On Political Question
		As the prominent Russian political observer and chief editor of the prestigious journal Politicheskiy Klass, Vitaliy Tretyakov, wrote recently, "Broadly speaking, the political question concerns the character of the so-called Orange revolution in Ukraine...
		Perhaps the most important political question is whether the Bush administration is to be held accountable for any of its actions, or whether it now enjoys complete impunity and a free field of action to do whatever it likes - from waging war to designing and presiding over systems of torture to breaking domestic law.
		In 1857, it attempted to settle the burning political question of the legality of slavery in the territories and instead plunged the nation toward civil war.
	www.lawkt.com /files/Political_Question.html (4176 words)

	Create Test Question Political Science 2302
		The question must be an objective question and not an essay question.
		The other student(s) will have to create a second question and will have an additional 48 hours (Sunday, 12:00 Midnight) from the time that the test question was due.
		Rather, when a student completes and posts her/his test question, she must check whether a similar question has also "just" been posted.
	www.accd.edu /sac/gov/smith/2302/creatingtestQ.htm (551 words)

	Baker v. Carr
		Holding: A challenge to the reapportionment is not a political question, but one of constitutionality as it relates to the state's carrying out of rules in the Constitution.
		Nonjusticiability of a political question is primarily a function of the separation of powers.
		Rule: When a question is enmeshed with any of the other two branches of the government, it is seen as a political question and is the Court will not answer it, without more clarification from the other branches.
	www.4lawschool.com /conlaw/bak.shtml (706 words)

	The Great Political Question
		The political controversy that looms largest in the political landscape is the one that even defines and identifies most political parties.
		Occasionally, a political party might be the voice of a particular region, ethnic group, or even religious faith.
		The question of how much government should do to help the poor would not be a burning question if the money required to solve the problem were a sum that people would hardly notice.
	members.shaw.ca /quadibloc/polint.htm (2734 words)

	A Political Question: The questions
		If it were public knowledge that your candidate X had actually won, then I think the political fallout would be significantly worse for Bush Inc. to disallow them from taking office than to try to put the best face on it and accept it.
		The hypothetical questions, then, are without basis, but in the world created by them, the U.S. would neither interfere with the candidacies of those who sought immediate withdrawal, nor with the seating of such a winner.
		That note of sarcasm comes from the time I started asking these questions, which is about the time the administration started sounding the 'we want to spread democracy' line among their justifications of the invasion.
	politicalquestion.blogspot.com /2005/01/questions.html (1733 words)

	Lenin: 1905/tactics: An Urgent Political Question (Site not responding. Last check: 2007-10-10)
		At the present revolutionary juncture the question of the convocation of a popular constituent assembly is on the order of the day.
		By the Party’s tactics we mean the Party’s political conduct, or the character, the direction and methods of its political activity.
		The new question concerns the practical methods to be adopted in convening a genuinely popular and genuinely constituent assembly (the theoretical question concerning such an assembly was officially settled by Social-Democracy long ago, before all other parties, in its Party program).
	www.marxists.org /archive/lenin/works/1905/tactics/ch01.htm (894 words)

	Cyprus - The Political Question in Brief
		It is a question of invasion and continuing occupation.
		Turkey continues unpunished to show contempt for the calls of the international community, as expressed in dozens of UN resolutions and continues to maintain the occupation and artificial division of the island.
		As it was evidenced in the latest talks under the aegis of the UN at The Hague, the Turkish side lacks the necessary political will to solve the problem.
	www.un.int /cyprus/cyissue.htm (820 words)

	A Political Question
		Today's highlight is from Robyn, who said: "For many people, this is not a political question, but a moral and ethical one." I agree that this is exactly what it should be.
		In my father's case it should have been a question of his morals and ethics, and perhaps mine if he asked me. Unfortunately the issue is taken out of the hands of the individual and the family and legislated by the state.
		It may not be the hottest issue in politics for me right now, but I spent a little time wishing that I had pursued the issue sooner.
	politicalquestion.blogspot.com (1375 words)

	Guardian \| The euro remains a political question (Site not responding. Last check: 2007-10-10)
		The five conditions Mr Brown set out are: sustainable convergence between Britain and the economies of a single currency; whether there is sufficient flexibility to cope with economic change; the effect on investment; the impact on the British financial services industry; and whether it is good for employment.
		He should have thrown it whether the euro is politically feasible or politically damaging to Europe.
		Its success will be determined by policymaking, in other words by how well the European Central Bank conducts interest rate policy, along with economic policies pursued by the 12 EU members that have embarked on this great experiment.
	www.guardian.co.uk /print/0,3858,4329380-110369,00.html (646 words)

	Political Question Essay
		The "Baker definition" of guidelines for political questions is the most commonly referred document on the matter.
		The words, "textually demonstrable commitment of the issue to a coordinate political department," are usually referred to when deciphering if a case contains should be determined a political question.
		Although the concept of a political question seems vague and subjective, there is a unifying theory.
	www.bookrags.com /essays/story/2003/12/9/2514/50280 (232 words)

	BBC NEWS \| Programmes \| Question Time \| BBC takes political debate to China
		This special edition of Question Time will be broadcast on Thursday 10 March on BBC One at 2235 GMT and on BBC World on Saturday 12 March.
		Question Time routinely tours around the UK but has had occasional overseas editions including in the Middle East, Brussels, Australia and most recently in Miami, Florida ahead of the recent US presidential election.
		The special edition of Question Time is part of the BBC's China Week, a themed week of news reports and programmes.
	news.bbc.co.uk /1/hi/programmes/question_time/4264969.stm (408 words)

	Cornell Journal of Law and Public Policy : Is "adequacy" a more "political question" than "equality?": the effect of ... (Site not responding. Last check: 2007-10-10)
		Is "adequacy" a more "political question" than "equality?": the effect of standards-based education on judicial standards for education finance.(role of state courts)
		(3) Indeed, the question of how society funds education is simultaneously a question regarding the definition of education itself and hence a vision of that society as well.
		Read 'Cornell Journal of Law and Public Policy: Is "adequacy" a more "political question" than "equality?": the effect of standards-based education on judicial standards for education finance.(role of state courts)' with a FREE Trial for instant access »
	static.highbeam.com /c/cornelljournaloflawandpublicpolicy/march222002/isadequacyamorepoliticalquestionthanequalitytheeff/index.html (271 words)

	LawKT.com: Law Firm Publications on Political Question
		The next question addressed by the district court was whether the failure to pay principal and interest on the bonds had a "direct effect" in the United States and thus fell within the third exception to immunity under section 1605(a)(2)
		This story was covered around the world in newspapers that identified the hospital in question (which apparently had no idea that its vendors had subcontracted to Pakistan), resulting in enormous adverse publicity and a wide range of new legislation drafted to respond to this problem.
		The court of appeals refused to address the merits of the case, holding that the case is a political question to be decided by the political branches of the government, not the Judiciary.
	www.lawkt.com /pubs/Political_Question.html (844 words)

	Political Wire: Question of the Day
		Taegan D. Goddard is the creator of Political Wire, a political column updated around the clock with the most interesting news, buzz and commentary.
		In addition, Goddard’s essays on politics and public policy have appeared in dozens of newspapers across the country, including the Washington Post, USA Today, Boston Globe, San Francisco Chronicle, Chicago Tribune, Philadelphia Inquirer and Christian Science Monitor.
		A Political Wire reader asks: "How does President Bush call for a 'culture of life' when as governor of Texas he presided over a state that led the nation in executions?"
	politicalwire.com /archives/2005/04/01/question_of_the_day.html (217 words)

	Political Question Game - The CHUD.COM Message Boards
		Because it wouldn't matter to the people (like me) who are already going to vote for him, and he is scared of being labeled as too liberal (too late) by the handful of actual undecided voters in the battleground states.
		I think Kerry voted against it, knowing it would be passed, to bring attention to some of the ridiculous riders that were being attached because no one would pass them on their own, and no one would vote against the bill they were attached to.
		Question time: What is the main issue that voters will focus on for the upcoming election and which candidate does that help/hurt?
	www.chud.com /forums/showthread.php?t=70487 (3229 words)

	Baker v. Carr on Encyclopedia.com (Site not responding. Last check: 2007-10-10)
		Charles Baker, a voter, brought suit against the state (Joe Carr was a state official in charge of elections) in federal district court, claiming that the dilution of his vote as a result of the state's failure to reapportion violated the equal protection clause of the Fourteenth Amendment to the Constitution.
		The court dismissed the complaint on the grounds that it could not decide a political question.
		Reapportioning election districts: an exercise in political self-preservation.
	www.encyclopedia.com /html/B/BakervC1a.asp (394 words)

	Technical Success, but a Political Question Mark
		This is true if the art is being used to make a political statement or if the art is being expressed for its own sake in a political environment.
		which is indigenously connected to the person or group who is performing.) When used as a political tool, the art form gets attention and humanizes the issue.
		As for the political aspects of the conference, I regret that I cannot give such a favorable report.
	www.afsc.org /pwork/0699/0608.htm (809 words)

	Political Question - Stormfront White Nationalist Community (Site not responding. Last check: 2007-10-10)
		It would be great to see all those who advocate WN to unite in a concerted effort to actually accomplish the goals I'm sure we all think about.
		As for expecting any of the existing political parties to get with the WN program, please don't hold your breath while waiting for this to occur, or you'll just turn purple and pass out.
		Before we could even have a political party, I think what we need first is more activism on the part of everybody, not the select few that I happen to run into.
	www.stormfront.org /forum/showthread.php?t=171486 (912 words)

	freedomforum.org: Supreme Court bypasses political-patronage question (Site not responding. Last check: 2007-10-10)
		WASHINGTON — A Pennsylvania politician has lost a bid to have the Supreme Court use her case to revisit the subject of political patronage.
		In a series of cases more than 20 years ago, the high court significantly weakened political patronage, sometimes called the "spoils system." Justices prohibited government employers from firing anyone solely because of their political affiliation unless party loyalty is a requirement for effective performance.
		Beaver County Commissioner Bea Schulte contends that the fired assistant held a political appointment in which party loyalty was required.
	www.freedomforum.org /templates/document.asp?documentID=16279 (381 words)

	White House Studies: The political question doctrine, executive discretion, and foreign affairs (Site not responding. Last check: 2007-10-10)
		The courts are less willing than elsewhere to curb the political branches and have even developed doctrines of special deference to them....
		Thanks to both constitutional and political limitations, the paramount prerogative of invalidating acts of the political branches has not loomed large in the conduct of foreign relations....
		[T]he courts have elevated judicial abstention to a principle that the courts will not decide "political questions," and issues of foreign affairs have been cited as prime examples and a principal justification of the doctrine....
	www.findarticles.com /p/articles/mi_m0KVD/is_3_3/ai_n6142003/pg_7 (1044 words)

	Khader warns of trading prisoners’ question for political rights (Site not responding. Last check: 2007-10-10)
		Ramallah - Husam Khader, the detained Palestinian legislative council member, has stressed that the question of Palestinian detainees in occupation jails was part of the Zionist entity’s crimes against the Palestinian people.
		Khader, who is heading the Palestinian refugees’ rights committee in parliament, warned of attempts to trade the question of detainees for national Palestinian rights.
		The MP emphasized that he would remain a representative of the Palestinian people and would continue advocating the same political stands whether inside or outside prison.
	www.palestine-info.co.uk /am/publish/printer_1846.shtml (152 words)

	Political Byte - Question Period
		It is undeniable that the athlete in question, Ross Rebagliati, has grown up in an environment which has demonstrated a more liberal view towards marijuana.
		After spending the first segment of this term in Comparative politics studying some of the many political ideologies that exist and have existed, it is clear that there are many questions to be derived from them.
		My questions will be addressing this overall theme and the importance of the public sector in the policy making process.
	imej.wfu.edu /articles/1999/1/02/demo/newsstand/qperiod.html (1554 words)

	SSRN-The Political Question Doctrine: Suggested Criteria by Jesse Choper
		Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court.
		It is based on a comparative advantage of the political process over the Court in sound constitutional decisionmaking respecting the relevant issues, as well as the trustworthiness respecting fundamental values of the national legislative/executive branches in doing so.
		The remaining two criteria involve removing questions of individual rights from the judiciary's realm, something that would (and should) occur very infrequently.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=757964 (370 words)

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