Baker v. Carr, 369 U.S. 186 (1962).

Takeaway

Created a Six Factor Test to determine a political question. If the answer to any of these factors is "yes," then the issue is a political question and may not be heard.

  • Textual Commitments
    • Did the Constitution delegate the power in question to another branch?
  • Lack of Standards
    • Does the court have legal standards to decide like cases?
  • Policy Decision
    • Does the case require the court to choose which policy is best?
    • The Court's job is to interpret law, not decide policy.
  • Disrespect
    • Would deciding the case disrespect another branch of government by saying that the executive/legislative "messed up politically?"
  • Political Question
    • Is the issue already settled politically?
  • Embarrassment
    • Is there potential for embarrassment due to conflicting answers between the executive or legislature?