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Democracy's Privileged FewLegislative Privilege and Democratic Norms in the British and American Constitutions$
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Josh Chafetz

Print publication date: 2007

Print ISBN-13: 9780300113259

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300113259.001.0001

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Political Questions and Nonjusticiability

Political Questions and Nonjusticiability

(p.49) 2 Political Questions and Nonjusticiability
Democracy's Privileged Few

Josh Chafetz

Yale University Press

The political-questions doctrine has been held to apply to a number of areas, including foreign policy and controversies over whether a state has a republican form of government. Two areas, however, are of specific interest for the study of legislative privilege: (1) matters dealing with the internal organization of each House of Congress; and (2) matters surrounding impeachment proceedings. This chapter argues that simple deference is insufficient in both cases, and that, although the courts can define the outer limits of congressional power with respect to internal affairs and impeachment proceedings, they cannot interfere in those matters properly set aside as political.

Keywords:   political-questions doctrine, legislative privilege, internal organization, Congress, impeachment, congressional power

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