The Court will not decide political questions.
Political questions are:
(i) Those issues committed by the Constitution to another branch of government; or (ii) Those inherently incapable of resolution and enforcement by the judicial process.
Examples: Political questions include:
1) Questions regarding the conduct of foreign relations or issues as to when hostilities have stopped;
2) Questions relating to which group of delegates should be seated at the Democratic National Convention [O’Brien v. Brown, 409 U.S. 1 (1972)];
3) The procedures used by the Senate to “try” impeachments (e.g., the Court refused to rule on the constitutionality of the Senate’s delegation of the duty to take evidence and testimony to a committee of senators prior to the Senate deciding whether to vote for conviction on an impeachment of a federal judge) [Nixon v. United States, 506 U.S. 224 (1993)];
4) What constitutes a “republican form of government” guaranteed to the state by Article IV, Section 4 [Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118 (1912)];
5) Whether the number of votes a candidate for Congress received is sufficient to elect him [Roudebush v. Hartke, 405 U.S. 15 (1972)]; and
6) Questions regarding partisan legislative reapportionment (i.e., partisan gerrymandering)—these are effectively nonjusticiable [see League of United Latin American Citizens v. Perry, 548 U.S. 399 (2006)].
b. Compare—“Nonpolitical Controversy”
Presidential papers and communications are generally considered to be privileged and protected against disclosure in the exercise of the executive power. But where these
documents are necessary to the continuation of criminal proceedings, the question of production is justiciable and not political. [United States v. Nixon, 418 U.S. 683 (1974)]