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Justicability - Political Questions Not everything that is...

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Political Questions Not everything that is political is a ‘Political Question’ Political Questions refer to parts of the Constitution that ‘belong’ to the “political branches” which are Congress and the President Political Questions are non-justicable U.S. v. Nixon (2000) Senate Voted with 2/3 to remove Nixon sued Senate claiming that he was supposed to have the ‘whole’ senate at his trial Luther v. Borden (1849) Resulted from Dorr’s Rebellion (1842) Insurrection between two groups both claiming to be the legitimate government of Rhode Island. Gunfire was exchanged Constitution guarantees a republican form of government for each state. One of the governments asked Congress to send troops. Request was denied.
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Luther, with a search warrant, searched Borden’s property for illegal weapons used in the rebellion. Borden Sued for illegal search, claiming that the warrant was issued by an unlawful warrant
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  • Fall '09
  • Lermack
  • Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, political question

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