A Lockean Defense of the Political Question Doctrines Application in War Powers Cases

Abstract

This article offers a Lockean natural law justification for political question doctrine, which in turn provides a clear philosophical perspective on America's war powers controversy, dispensing with constitutional arguments and replacing them with an evaluation of government's actiom according to its political power. In light of Lockean concerm, the ~r Powers Resolution -a perennial point of disagreement between the U.S. Congress and President -is found to be redundant and counter-productive. The true test of legitimacy of a decision regarding war is responsiveness to the will of the people, a standard which also.precludes the judiciary from interfering in such matters. In this way, the political question doctrine cannot be understood as a judicial check on political prerogative but a restatement of necessary abstention.