Jump to ContentJump to Main Navigation
Democracy's Privileged FewLegislative Privilege and Democratic Norms in the British and American Constitutions$
Users without a subscription are not able to see the full content.

Josh Chafetz

Print publication date: 2007

Print ISBN-13: 9780300113259

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300113259.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 25 January 2020

Political Questions and Nonjusticiability

Political Questions and Nonjusticiability

Chapter:
(p.49) 2 Political Questions and Nonjusticiability
Source:
Democracy's Privileged Few
Author(s):

Josh Chafetz

Publisher:
Yale University Press
DOI:10.12987/yale/9780300113259.003.0003

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

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.