Political Question
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the issue presented by the case is a political question.
Analysis
R: The judiciary may not rule on an issue involving a political question. A political question exists when the Constitution has explicitly committed decision-making on the issue to another branch of government or the issue is inherently beyond the judiciary’s ability to resolve because it involves matters inappropriate for judicial review, such as the conduct of foreign policy or impeachment proceedings. The Baker decision outlines six factors to determine the presence of a political question.
1. Assignment
R: The court cannot resolve the issue if the Constitution explicitly assigns decision-making authority to another branch of government.
A: Here, [apply rule to facts].
C: Therefore, this factor [supports/does not support] a finding of the issue being a political question.
2. Standards
R: Some issues are inherently unfit for judicial resolution because there are no clear, objective legal standards for courts to apply.
A: Here, [apply rule to facts].
C: Therefore, this factor [supports/does not support] a finding of the issue being a political question.
3. Non-Judicial Policy Decision
R: The court cannot resolve the issue if doing so requires an initial policy determination that is inherently within the discretion of a non-judicial branch.
A: Here, [apply rule to facts].
C: Therefore, this factor [supports/does not support] a finding of the issue being a political question.
4. Respect for Other Branches
R: The court cannot resolve the issue if doing so would require expressing a lack of respect for decisions made by another branch of government.
A: Here, [apply rule to facts].
C: Therefore, this factor [supports/does not support] a finding of the issue being a political question.
5. Decision Already Made
R: In some cases, certain political decisions require unwavering adherence, such as in matters of national security or diplomacy. When adherence is necessary, courts may refrain from reviewing such issues to prevent undermining those decisions.
A: Here, [apply rule to facts].
C: Therefore, this factor [supports/does not support] a finding of the issue being a political question.
6. Embarrassment
R: If different branches could issue divergent rulings or policies on the same issue, courts may avoid involvement to prevent confusion or constitutional conflicts.
A: Here, [apply rule to facts].
C: Therefore, this factor [supports/does not support] a finding of the issue being a political question.
Conclusion
C: On balance, the factors [support a finding of the issue being classified as a political question and, thus, not justiciable/do not support a finding of the issue being classified as a political question].
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
Questions or comments? Reach out at [email protected].