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justiciable questions

The U.S. Supreme Court has held that federal courts may deal only with cases or questions that are justiciable, that is, questions “appropriate for judicial determination” (Aetna Life ...

The Judicialization of American Education

The Judicialization of American Education   Reference library

J. C. Blokhuis and Randall Curren

The Oxford Encyclopedia of Philosophy of Education

Reference type:
Subject Reference
Current Version:
2022
Subject:
Philosophy, Social sciences, Education
Length:
8,966 words

...American federal courts distinguished political questions from legal questions. Under the political question doctrine, controversies on which the Constitution offered no clear guidance were considered non-justiciable . The courts deferred to the democratically elected branches of government for the resolution of political matters. In Baker v. Carr , 369 U.S. 186 ( 1962 ), a deeply divided Supreme Court reformulated the political question doctrine and found redistricting to be a justiciable issue. Justice Felix Frankfurter dissented strenuously,...

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