...identifies it as essentially a function of the separation of powers. Prominent on the surface of amr case held to involve a political question is found...to a coordinate political department; or a lack of judically discoverable and manageable standards for resolving it; or the impossibility of deciding...

...Carr, supra, 369 US at 217, and reaffirmed in Powell v. McCormick [sic], supra, 395 US at 518-519: "Prominent on the surface of any case held to involve...demonstrable constitutional commitment of the issue 3 "The district, courts shall have original jurisdiction of any civil action arising under any Act...

...responsibility for federal spending, not in the context of a single program. Thus, the Court spoke of a "textually demonstrable constitutional commitment...of the issue to a coordinate political department;" While impounding is not "textually committed" by the Constitution to any of the three departments,...

...cases and the "foreign relations" cases are explicable in terms of constitutional interpretation, ie, "a textually demonstrable constitutional commitment of the issue to a coordinate political department"738 or whether they turn on considerations that run be730 369 US at 211. Professor Jaffe...

...legislatures, sets forth the modern criteria for determining what is, or is not, a "political question" : Prominent on the surface of any case held to involve...policy determination of a kind clearly for nonjudicial discret1on; or the impossibility of a court's undertaking independent resolution without expressing...

...political question doctrine is found in Baker v. Carr, 369 US 186, 217 (1962), where the Court stated : Prominent on the surface of any case held to involve...initial policy determination of a kind clearly for non judicial discretion ; or the impossibility of a court's undertaking independent resolution without...

...workable set of criteria for identifying an issue that presents a political question. The Court said: Prominent on the surface of any case held to < involve...the issue to a coordinate political department; or standards for resolving it; or the impossibility of deciding without an initial policy determination...

...department; 2) a lack of judicially discoverable and manageable standards for resolving the issue; 3) the impossibility of deciding without an initial policy...determination of a kind clearly for nonjudicial discretion ; 4) the impossibility of a court's undertaking independent resolution without expressing lack of the...

...Carr is more apt. In that case the Supreme Court also said that a "political" question may invlove "a lack of judicially discoverable and manageable...determination of a kind clearly for nonjudicial discretion. . . ." (At p. 217.) This statement might well be applicable to the question of treaty or executive...

...Carr is more apt. In that case the Supreme Court also said that a "political" question may invlove "a lack of judicially discoverable and manageable...initial policy determination of a kind clearly for non judicial discretion. . . ." (At p. 217.) This statement might well be applicable to the question...