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Constitutional Law • Justiciability Doctrines
CONLAW#008
Legal Definition
A political question is something constitutionally committed to another branch of government, or inherently incapable of judicial resolution, and a court will not hear it.
Plain English Explanation
A "political question" is a legal issue that is best left for the elected officials in government to decide, rather than for the courts to decide. It is something that the Constitution says should be handled by other branches of government, like the President or Congress, or it is something that is too difficult for a court to figure out and make a fair decision on.
Hypothetical
Hypo 1: Bob sues the government, arguing that the President's decision to veto a law was wrong. Result: The court decides not to hear the case because deciding whether the President should veto a law is a political question that's constitutionally committed to the President's discretion.
Hypo 2: Sam files a lawsuit arguing that Congress should not have passed a certain federal budget because he believes it's not in the country's best interest. Result: The court refuses to hear the case, explaining that how Congress decides on budgetary matters is a political question and thus not something the judiciary can decide.
Hypo 3: Bob and Sam debate over which military strategy the U.S. should use in international conflicts. Bob sues, insisting the courts order the government to adopt his preferred strategy. Result: The court dismisses the lawsuit, stating that military strategy is a political question that's inherently incapable of judicial resolution, falling under the purview of the President and Congress.
Hypo 2: Sam files a lawsuit arguing that Congress should not have passed a certain federal budget because he believes it's not in the country's best interest. Result: The court refuses to hear the case, explaining that how Congress decides on budgetary matters is a political question and thus not something the judiciary can decide.
Hypo 3: Bob and Sam debate over which military strategy the U.S. should use in international conflicts. Bob sues, insisting the courts order the government to adopt his preferred strategy. Result: The court dismisses the lawsuit, stating that military strategy is a political question that's inherently incapable of judicial resolution, falling under the purview of the President and Congress.
