political question

The very nature of executive decisions as to foreign policy is political, not judicial. Such decisions are wholly confided by our Constitution to the political departments of the government, Executive and Legislative. They are delicate, complex, and involve large elements of prophecy. They are and should be undertaken only by those directly responsible to the people whose welfare they advance or imperil. They are decisions of a kind for which the Judiciary has neither aptitude, facilities nor responsibility and have long been held to belong in the domain of political power not subject to judicial intrusion or inquiry.

One over which the courts decline to take cognizance in view of the line of demarkation between the judicial branch of the government, on one hand, and the executive and legislative branches, on the other. Parker v. State, 133 Ind. 178, 32 N. E. 830, 33 N. E. 119, 18 L. Ii. A. 567. Questions expressly reserved by the constitution to either the executive or the legislature, and questions which, by necessary implication of the constitution, are so reserved — that is, questions the decision of whicn by the judiciary would obviously embarrass the action of the legislative and executive within their respective spheres, or which, owing to the superior sources of knowledge of the other two branches, the courts are ill qualified to decide. 22 Harv. L. R. 132. The follOAving have been held political questions: As to who is the sovereign of a certain country; Pearcy v. Stranalian, 205 U. S. 257, 27 Sup. Ct. 545, 51 L. Ed. 793; the jurisdiction of different sovereignties; State v. Wagner, 61 Me. 178; Pearcy v. Stranahan, 205 U. S. 257, 27 Sup. Ct. 545, 51 L. Ed. 793; whether a state is republican in its form of government; State v. Summers (S. D.) 144 N. W. 730; as to the status of Indian tribes; Farrell v. U. S., 110 Fed. 942, 49 C. C. A. 183; whether a state constitution was duly ordained by the people; and where it has been promulgated and recognized as in force by the executive and legislative departments fcnd accepted by the people, the legality of its adoption cannot be brought in question in a federal court; Brickhouse v. Brooks, 165 Fed. 534; whether the initiative and referenit no longer republican; Pacific S. Tel. Co. v. Oregon, 223 U. S. 118, 32 Sup. Ct. 224, 66 L. Ed. 377; whether a law is necessary within the initiative and referendum provision of the constitution, excepting from its provision for referendum laws which are necessary for the immediate preservation of the public peace, health or safety; Ivadderly v. Portland, 44 Or. 118, 74 Pac. 710, 75 Pac, 222; whether or not property held as public property is necessary for the public use; Monroe v. Johnson, 306 La. 350, 30 South. 840; as to how long Cuba may rightfully be occupied by the United States; Neely v. Henkel, 180 U. S. 109, 21 Sup. Ct. 302, 45 L. Ed. 448. The courts will not declare an act to be a tort in violation of the law of nations or of a treaty, when the executive, congress and the treaty-making power have all adopted it; O’Reilly De Camara v. Brooke, 209 U. S. 45, 28 Sup. Ct. 439, 52 L. Ed. 670. Courts will treat as subject to their jurisdiction any territory claimed by the political department; Uarrold v. Arrington, 64 Tex. 233. A mere assertion of property rights will not give jurisdiction over a political question, where the assertion is merely added for the purpose of conferring jurisdiction; Georgia v. Stanton, 6 Wall. (U. S.) 50, 18 L. Ed. 72t; and the court refused to take jurisdiction of a suit, the real object of which was to settle the right of succession between Indian princes, although nominally -brought to test the title to property; 12 Calcutta W. N. 777 (Calcutta High Court, 3908). But it is held that municipal courts may determine the title to property within their jurisdiction, even though a political question is involved; 12 Moore, Ind. App. 523. It is within the province of the political department to provide the mode in which imperfect rights of property under treaties ( such as that by which territory was ceded by Mexico to the United States) may be secured, and the courts have no jurisdiction to enforce such rights except as delegated to them by congress; U. S. v. Sandoval, 167 U. S. 278, 17 Sup. Ct. 868, 42 L. Ed. 368. Such questions frequently arise when there is an attempt to enjoin an incumbent of either the legislative or executive departments from performing some act which he claims the right to perform by virtue of his office, or to compel him to perform some act which he declines or refuses to perform; Parker v. State, 133 Ind. 178, 32 N. E. 836, 33 N. E. 119, 18 L. R. A. 567.

See Political.

Defined under Question in Black's Law Dictionary.