“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).
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