Constitutional Law Exam 2 Questions and Verified Answers, 100% Guarantee Pass (Latest 2025) Political Question Doctrine - what does this refer to? - Correct Answers ✅-cases that involve "political questions" as defined by the court are deemed non-justiciable -This is NOT based on Article III case and controversy language, but rather a rule that judges impose on themselves to demonstrate "due respect" for actors in other branches -Article IV, Section 4 "Guarantee Clause" -Luther v. Borden (1849) established it as it declared any case involving the guarantee clause as non-justiciable Malapportionment- what is it? How has the court dealt with the issue? - Correct Answers ✅-(of a state or other political unit) poorly apportioned, especially divided, organized, or structured in a manner that prevents large sections of a population from having equitable representation in a legislative body.-In Calgrove v. Green (1946), held that entire matter presented a political question and only Congress could determine such an issue -However, in Baker v. Carr (1962) reapportion cases could be resolved by judicial branch if case does not soley rely on Guarantee Clause Political Question Criteria and application (baker v. carr/Nixon v US) - Correct Answers ✅-In Baker v. Carr (1962), they established elements for determining whether a dispute presented a political question: 1. "Textual Commitment to 1 / 3
Constitutional Law Exam 2 Questions and Verified Answers, 100% Guarantee Pass (Latest 2025) another branch"- if the framers of the Constitution made clear their intention that the judiciary not resolve a particular question of constitutional interpretation, that determination must be respected.
- "Lack of Judicially manageable standards" -judges will
consider whether particular questions should be left to another branch of government as a matter of prudence/when judicial intervention might show insufficient respect for other branches of government, or when a judicial decision might threaten the integrity of the judicial branch
-Baker v. Carr: not a political question
-Nixon v. US: relied heavily on Baker v. Carr to examine
whether impeachment of federal judge who claimed that the Senate used unconstitutional procedures in trying a case; courts may not review the impeachment and trial of a federal officer because the Constitution reserves that function to a coordinate political branch. Article I, Section 3 gives the Senate sole power to try all impeachments. Because of the word sole, it is clear that the judicial branch was not to be included. and judicial branch is "checked" by impeachments, so judicial involvement in impeachments might violate the doctrine of the separation of powers Republican Form of Government vs. Equal Protection arguments - Correct Answers ✅-Guarantee Clause used in Luther v Borden did not prove to be justiciable, but using equal protection clause in 14th amendment in regards to guarantee clause in baker v. carr proved to be justiciable 2 / 3
Constitutional Law Exam 2 Questions and Verified Answers, 100% Guarantee Pass (Latest 2025) Legislature- Article I - Correct Answers ✅-longest and most explicit in the constitution -details the powers of congress Authority over internal affairs - Correct Answers ✅-usually is granted authority over its own affairs -article I, section 5 "each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of 2/3, expel a member" Membership & Qualifications - Correct Answers ✅-neither congress (Powell) or States (US Term Limits) can add to qualifications -found in Article I -a senator must be at least thirty years old and have been a citizen of the US not less than 9 years -A representative must be at least 25 years old and have been a citizen not less than 7 years -every member of congress must be, when elected, an inhabitant of the state that he or she is to represent -no one may be a member of congress who holds any other "office under the authority of the US" -not allowed in either if engaged in rebellion
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