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The Political Thicket

More Perfect

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The Political Question Doctrine Is a Critical Limitation on the Federal Judiciary Power

The courts simply had no business getting into what were considered to be fundamentally political questions. Frankfurter felt like even if you have a terrible political situation, if the justices stepped in and overruled the legislature, that would be worse than doing nothing at all. The power in America comes from we the people, not the courts. So this matter should be left up to the people of Tennessee and they're elected representatives.

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