Anticipating Lamm v. Weinberger II (Romer v. Carlucci): The Political Question Doctrine, MX Missiles, and NEPA's Environmental Impact Statement
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Authors
Baker, Douglas E.
Issue Date
1988
Volume
21
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|The political question doctrine is a tempting refuge from the adjudication of difficult constitutional claims. Its shifting contours and uncertain underpinnings make it susceptible to indiscriminate and overbroad application to claims properly before the federal courts.|The political question doctrine as set out by the United States Supreme Court in Baker v. Carr established that issues "touching on" foreign affairs are nonjusticiable to the extent that they result from intentional actions by the legislative or executive branches of the federal government. The extent of "touching" required to invoke the doctrine has been the subject of considerable litigation. |Western Solidarity,Inc. v. Reagan presented the Eighth Circuit with an opportunity to construe that doctrine in the context of a recurrent clash between the nation's military defense establishment and the public disclosure requirements of the National Environmental Policy Act of 1969 ("NEPA")...
Description
Citation
21 Creighton L. Rev. 1245 (1987-1988)
Publisher
Creighton University School of Law