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How a court can enquire into a political question

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  • Legalbear
    Similar considerations apply to the enacting process: The respect due to coequal and independent departments, and the need for finality and certainty about
    Message 1 of 1 , Nov 17, 2010
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      Similar considerations apply to the enacting process: "The respect due to coequal and independent departments," and the need for finality and certainty about the status of a statute contribute to judicial reluctance to inquire whether, as passed, it complied with all requisite formalities. Field v. Clark, 143 U.S. 649, 672, 676-677; see Leser v. Garnett, 258 U.S. 130, 137. But it is not true that courts will never delve into a legislature's records upon such a quest: If the enrolled statute lacks an effective date, a court will not hesitate to seek it in the legislative journals in order to preserve the enactment. Gardner v. The Collector, 6 Wall. 499. The political question doctrine, a tool for maintenance of governmental order, will not be so applied as to promote only disorder. Baker v. Carr, 1962.SCT.40611 <http://www.versuslaw.com>ΒΆ 61; 369 U.S. 186 (1962).

       

       

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