MBE Rules · Constitutional Law
Political question doctrine
Baker v. Carr
The rule
Non-justiciable if there is (1) textual commitment to a coordinate branch, (2) lack of judicially manageable standards, OR (3) need for an initial policy determination outside judicial discretion. Includes foreign affairs, impeachment proceedings, partisan gerrymandering (Rucho).
In plain English
Courts won't decide cases if they're meant for another branch of government or if there are no clear legal standards to apply.
Worked example
A citizen sues over a treaty negotiation, but the court won't hear it because foreign affairs are for the executive branch to handle.
Memory hook
Political questions? Courts won't play. If a matter's for Congress or the President, or if there's no clear legal standard, it's out of judicial hands.
The trap
Students think: any controversial issue is non-justiciable. Wrong, because controversy alone isn't enough. The actual test is whether it fits one of the Baker v. Carr criteria.
How examiners test it
The MBE loves: gerrymandering cases. Trap: students assume all are non-justiciable. Post-Rucho, partisan gerrymandering is out, but racial gerrymandering can be justiciable.
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