Constitutional inquiries: the Doctrine of constitutional avoidance and the Political question doctrine

In: Government procedures and operations

Abstract

Article III of the Constitution established the judicial branch of the United States, consisting of the Supreme Court and of any ""inferior Courts as the Congress may from time to time ordain and establish.... "" To staff such courts, the Constitution empowered life-tenured and salary-protected judges to adjudicate certain ""cases"" or ""controversies,"" including cases arising under the Constitution. The Supreme Court, in Marbury v. Madison, held that the judicial power to interpret the Constitution necessarily includes the power of judicial review-that is, the power to countermand the decisi