“Judicial Power, the ‘Political Question Doctrine,’ and Foreign Relations”
Judicial Power, the "Political Question Doctrine," and Foreign Relations," 17 U.C.L.A. L. Rev. 1135 (1970), reprinted in The Vietnam War And International Law, Vol. 3 (R. Falk, ed. 1972). This article represented a hope that judicial power could be brought to bear against illegal war and war-related state-sponsored violence. Charles Alan Wright liked it well enough to cite in his treatise. The basic idea – that federal courts are ducking their duty to restrain unlawful executive branch action – is still being debated. The good guys are not winning.
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