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.

 

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