In Nixon v. United States (1993), a federal district judge with life tenure was impeached by the House of Representatives, tried by a Senate committee, and, based on the Senate committee’s findings, convicted by Senate. The judge, Walter Nixon, appealed the conviction on the basis that the process failed the constitutional requirement that the case by 'tried by the Senate.' The Supreme Court, however, held that Nixon’s challenge presented a nonjusticiable political question and dismissed the case. The Court could not review the impeachment because the Constitution had reserved that function for the legislative branch. Chief Justice Rehnquist, speaking for the majority, explained: "In our constitutional system, impeachment was designed to be the only check on the Judicial Branch by the Legislature. [Judicial] involvement in impeachment proceedings, even if only for purposes of judicial review, is counterintuitive because it would eviscerate the 'important constitutional check' placed on the Judiciary by the Framers."
political question
Definition
Subject matter that the Supreme Court deems to be inappropriate for judicial review because discretionary power over it should be left to the politically accountable branches of government (i.e., the President and Congress). Thus, the courts will leave constitutional questions on such matters to be resolved in the political process. Courts will usually find a matter to be a political question on one of two grounds: (1) the constitutional concern for separation of powers, where the Constitution has already committed the matter on other nonjudicial branches of government for decisionmaking; and (2) prudential concerns which lead the Court to choose to refrain from adjudicating the matter.
Definition from Nolo’s Plain-English Law Dictionary
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:21 pm
“It is correct that this controversy may, in a sense, be termed ‘political.’ But the presence of constitutional issues with significant political overtones does not automatically invoke the political question doctrine. Resolution of litigation challenging the constitutional authority of one of the three branches cannot be evaded by courts because the issues have political implications in the sense urged by Congress. Marbury v. Madison (1803) was also a ‘political’ case, involving as it did claims under a judicial commission alleged to have been duly signed by the President but not delivered. But ‘courts cannot reject as “no law suit” a bona fide controversy as to whether some action denominated “political” exceeds constitutional authority.’ Baker v. Carr.” C.J. Burger, INS v. Chadha, 462 U.S. 919, 942–943 (1983).
