Political Questions/Judicial Answers: Does the Rule of Law Apply to Foreign Affairs?

Almost since the beginning of the republic, America's rigorous separation of powers among the executive, legislative, and judicial branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues ...

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