| Abstract: | In Garcia v. San Antonio Metropolitan Transit Authority (1985)the Supreme Court relegated the matter of the wages and hoursof local government employees to the national political processas though the issue were a political question. More importantly,the Court left the determination of whether the issue requirednational political resolution up to Congress. This article appliessome of the writings of John Marshall to the Garcia case inorder to ascertain whether national political resolution ofthe issue was appropriate. Under Marshall's framework, matterswhich involve the enumerated powers of Congress or the impliedpowers of Congress are political issues. However, in contrastto the holding in Garcia, the question of whether a particularissue involves an enumerated or an implied power is a matterappropriate for judicial scrutiny. |
