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  • Cruz citizenship case should be tried in court of public opinion ("the political question doctrine")

    01/19/2016 12:05:02 PM PST · by Faith Presses On · 77 replies
    Reuters ^ | 1/19/15 | Akhil Reed Amar
    (snip) The problem is not, as some commentators have claimed, a legal doctrine known as "standing" -- a rule that requires that a person who comes to court must have a proper legal interest at stake in the litigation. Rather, the biggest barrier is a principle of judicial restraint known as "the political question doctrine." A key idea underlying this doctrine is that the Constitution itself, in its text or spirit, sometimes takes a certain sort of constitutional question away from ordinary courts and makes some other decision-maker the real judge -- a special court for a special question. In...