Judicial Powers

Question 1

1) Grounds for non-justiciability:

Answer 1

1) Con’l constraints in Art. 3 (can only hear “cases and controversies”);
2) Congressional constraints under Art. 3;
3) Prudential restrictions: it can hear a case, but decides it would be a bad idea

Question 2

2) Forms of non-justiciability

Answer 2

a) Advisory opinions not allowed
b) Lack of standing (must have a concrete stake in outcome)
c) Mootness (controversy not present anymore even though it was in the past)
d) Ripeness (controversy is not yet present even if it might be in future)

Question 3

Political Question Doctrine-

A controversy is non-justiciable when:

Answer 3

Baker v. Carr (CSPDDE)
1. A textually demonstrable constitutional Commitment of the issue to a coordinate branch

2. A lack of judicially discoverable and manageable Standards to decide the case
3. The impossibility of deciding without making an initial non-judicial Policy determination
4. The impossibility of deciding without showing Disrespect for a coordinate branch
5. An unusual need to adhere to a political Decision already made
6. The potential for embarrassment due to conflicting pronouncements from various branches
   i) areas where PQ is usually invoked: gerrymandering, representation issues