Describe the evolution of the political question doctrine and how the Court has applied it to questions of executive?legislative relations. Discuss specific Court cases in your answer

Question

What will be an ideal response?

Answer 1

The ideal answer should:
a. Define the political question doctrine as a principle of jurisprudence that maintains that the judiciary is not meant to settle disputes that are essentially political.
b. Trace the evolution of this doctrine as stemming from the roots of judicial review in the case of Marbury v. Madison, to questions of foreign policy in Oetjen v. Central Leather Co., to the clarification of what counts as a political question in Baker v. Carr, noting, as illustrated in Goldwater v. Carter, that most of the time the political question doctrine favors the executive branch over the legislative branch.
c. Assess the importance of the distinction of the "twilight zone" articulated in Youngstown Sheet &Tube Co. v. Sawyer,in which the Supreme Court established a new test to determine when judicial review applied to presidential actions, primarily when the president has undertaken actions without congressional authorization, noting that the Court usually supports the actions of the president when he or she wanders into the twilight zone.