...decision by the Court that would bring it into conflict with politics. As expressed in Baker v. Carr: Prominent on the surface of any case held to involve...political question is found a textually demonstrable commitment of the issue to a coordinate political department; or a lack of judicially discoverable...

...doctrine were "a lack of judicially discoverable and manageable standards for resolving [the issue]; or the impossibility of deciding without an initial...determination of a kind clearly for nonjudicial discretion." Antitrust courts have applied those tests in refusing to accept the reasonable-price defense for price...

...familiar explanation by the Supreme Court of the nonjusticiable political question is the following: Prominent on the surface of any case held to involve a political question is found a textual ly demonstrable constitutional commitment of the issue to a coordinate political department;...

...for the majority, Justice Brennan enumerated the situations in which a political question is present: Prominent on the surface of any case held to involve...impossibility of deciding without an initial policy detennination of a kind clearly for nonjudicial discretion; or the impossibility of a court's undertaking...

...the Court, a controversy is nonjusticiable — and thus a "political question" — only when there is "a textually demonstrable constitutional commitment...discoverable and manageable standards for resolving it." Critics of Baker warned that the case might open the door to unprecedented new levels of judicial supervision...

...concurring opinions. 64 Nixon v. US, 506 US 224 (1993). involves a political question when there is a "textually demonstrable constitutional commitment...discoverable and manageable standards for resolving it."66 The veto and a declaration of war are examples of the former. The Constitution clearly commits...

...the Court finds (1) a lack of judicially discoverable and manageable standards for resolving it, (2) the impossibility of deciding without an initial policy...determination of a kind clearly for nonjudicial discretion, (3) the impossibility of a court's undertaking independent resolution without expressing lack of the...

...legislative representatives. 4. The criteria are set out in Baker v. Carr, 369 US 186 (1962). The first is a "textually demonstrable constitutional commitment...of the issue to a coordinate political department." 369 US at 369. This criterion should have appended "that has not yet ruled," since, if the Constitution...

...criteria for political questions set out in Baker i'. Carr [1962]. It concludes first that there is "a textually demonstrable constitutional commitment...of the issue to a coordinate political department." It also finds that the question cannot be resolved for "a lack of judicially discoverable and manageable...

...the US Senate, and Baker v. Carr (1962) specified that there is a political question when "there is 'a textually demonstrable constitutional commitment...the issue to a coordinate political department.'" Nixon's claim that the word "sole" has no substantive meaning must be rejected. It has no less meaning...