In Marbury v. Madison, outgoing president John Adams appointed midnight judges who were confirmed by Congress. Jefferson refused to deliver the appointments. Marbury sued Madison, Jefferson’s secretary of state, under a law enacted by Congress that gave the Supreme Court original jurisdiction to issue writs of mandamus to officials of the United States. [...]

In Lochner v. New York, the Supreme Court of the United States held that the Bakeshop Act was unconstitutional for violating the Fourteenth Amendment because it interfered with the freedom of contract and did not serve a valid purpose within the scope of state police powers. [...]

POLITICAL QUESTION DOCTRINE

A. TYPE OF SUIT ALLOWED (standing concerns who brings suit)

1. If political Q, then dismissed not on the merits (not necessarily political issue (some were though – ex. McCardle))

2. Evolved out of suits in court to challenge state court under the Guaranty Clause (Article IV, sect. 4)

a. Guaranty Clause- guarantees republican form of government in every state

b. Luther v. Borden – claimed insurrectionists entitled to relief

Political Question Doctrine

§ The SC cannot make decisions on political issues

§ Any question arising out of the Guaranty Clause (Article IV § 4: all citizens are guaranteed access to a republican government) is non-justiciable because it is inherently political

o Political questions arise from relationship between branches of the federal government, not between federal and state governments

o It is the job of Congress, not the SC, to determine the path of Republican government

The Federal Executive Power

* If the President has explicit constitutional authority for particular conduct, then the issues are strictly whether the President is acting within the scope of the granted power and whether the President is violating some other constitutional provision.
* If there is a statute authorizing the President’s conduct, then the question is whether the law is constitutional.