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Traditionally, the federal courts have refused to become involved in “political question suits,” or disputes arising from and revolving around the political process. Foremost among such disputes are questions over electoral outcomes. Election contests tend to be messy; by definition, such events speak directly to the divided will of the people. Especially where certain voting laws have been bent or broken, a “right” or “wrong” solution to a dispute often cannot be determined. Inevitably, judges have to make choices that seem to ignore the will of at least a part of the electorate. As Justice Felix Frankfurter noted in 1946’s Colegrove v. Green, the democratic state simply presents some “demands on judicial power which . . . [are] not meet for judicial determination,” for “it is hostile to a democratic system to involve the judiciary in the politics of the people.” He concluded, “Courts ought not to enter this political thicket.”
Contents
- Marbury v. Madison
- Martin v. Hunter’s Lessee
- Trustees of Dartmouth College v. Woodward
- McCulloch v. Maryland
- Cohens v. Virginia
- Gibbons v. Ogden
- Worcester v. Georgia
- Charles River Bridge v. Warren Bridge
- United States v. Amistad
- Prigg v. Pennsylvania
- Dred Scott v. Sandford
- Ableman v. Booth
- Ex parte Milligan
- Slaughterhouse Cases
- United States v. Cruikshank
- Reynolds v. United States
- Civil Rights Cases
- Elk v. Wilkins
- Plessy v. Ferguson
- United States v. Wong Kim Ark
- Lochner v. New York
- Muller v. Oregon
- Frank v. Mangum
- Guinn v. United States
- Hammer v. Dagenhart
- Schenck v. United States
- Abrams v. United States
- Whitney v. California
- Olmstead v. United States
- Powell v. Alabama
- A.L.A. Schechter Poultry Corporation v. United States
- United States v. Curtiss-Wright
- National Labor Relations Board v. Jones & Laughlin Steel Corporation
- West Coast Hotel v. Parrish
- Cantwell v. Connecticut
- Wickard v. Filburn
- West Virginia State Board of Education v. Barnette
- Korematsu v. United States
- Sweatt v. Painter
- Dennis v. United States
- Youngstown Sheet and Tube Co. v. Sawyer
- Brown v. Board of Education
- Hernandez v. Texas
- Gomillion v. Lightfoot
- Mapp v. Ohio
- Baker v. Carr
- Engel v. Vitale
- Gideon v. Wainwright
- Katzenbach v. McClung
- New York Times Co. v. Sullivan
- Griswold v. Connecticut
- Bond v. Floyd
- Miranda v. Arizona
- South Carolina v. Katzenbach
- Loving v. Virginia
- Tinker v. Des Moines Independent Community School District
- New York Times Co. v. United States
- Flood v. Kuhn
- Furman v. Georgia
- San Antonio Independent School District v. Rodriguez
- Sierra Club v. Morton
- Roe v. Wade
- Milliken v. Bradley
- United States v. Nixon
- Craig v. Boren
- Regents of the University of California v. Bakke
- Frontiero v. Richardson
- Texas v. Johnson
- United States v. Lopez
- United States v. Virginia
- Clinton v. Jones
- Bush v. Gore
- Friends of the Earth v. Laidlaw Environmental Services
- Zelman v. Simmons-Harris
- Lawrence v. Texas
- District of Columbia v. Heller
- Citizens United v. Federal Election Commission
- Shelby County v. Holder
- Obergefell v. Hodges
- Bostock v. Clayton County
- Dobbs v. Jackson Women’s Health Organization