What Is a Textually Demonstrable Constitutional Commitment?

Question from zara, What Is a Textually Demonstrable Constitutional Commitment?

Answer from AI:

When discussing a textually demonstrable constitutional commitment of an issue to a coordinate political department, we are referring to a principle in constitutional law where certain matters are entrusted exclusively to one of the branches of government. This concept is often related to the doctrine of the separation of powers, which is fundamental to the United States Constitution.

The Constitution divides the federal government into three branches:

• The Legislative Branch (Congress)
• The Executive Branch (President and administrative agencies)
• The Judicial Branch (Federal courts)

Each branch has its own powers and responsibilities, ensuring a balance of power among them. A textually demonstrable commitment means that the Constitution explicitly grants a particular power or responsibility to one of these branches, making it clear that the other branches should not interfere with matters that fall within that exclusive domain.

Examples of Textually Demonstrable Constitutional Commitments

Examples of such commitments include:

• The power of Congress to declare war, as outlined in Article I, Section 8, Clause 11 of the Constitution.
• The President’s role as Commander-in-Chief of the armed forces, according to Article II, Section 2, Clause 1.
• The authority of the Senate to provide advice and consent on treaties and presidential appointments, as stated in Article II, Section 2, Clause 2.

When an issue is textually committed to a coordinate political department, it often means that the courts consider it a political question and therefore non-justiciable. This means that the judiciary typically will not decide on these issues, as they are constitutionally assigned to another branch of government.

Political Question Doctrine

The political question doctrine is a principle that stems from the case of Baker v. Carr (1962), where the Supreme Court outlined six factors to determine whether a question is a political one. One of these factors is a “textually demonstrable constitutional commitment of the issue to a coordinate political department.” If such a commitment exists, the courts will likely refuse to hear the case on the grounds that it is not within their jurisdiction.

It is important to note that the interpretation of what constitutes a textually demonstrable constitutional commitment can be complex and may require legal analysis. In cases where this principle is relevant, consulting with a legal professional is advisable to understand the specific implications for the issue at hand.

For more information on the separation of powers and the political question doctrine, you can refer to resources such as the Legal Information Institute or the National Archives.