The Political Question Doctrine: Justiciability and the Separation of Powers
CRS – The Political Question Doctrine: Justiciability and the Separation of Powers. Jared P. Cole, Legislative Attorney. December 23, 2014. “Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual “Cases” and “Controversies.” The Supreme Court has articulated several “justiciability” doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political …