Const. and Sup. Court

Const. and Sup. Court - Lecture Page 724 gives an example...

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August 30, 2006 Lecture: Page 724 gives an example of how to brief a case. Use this to brief the 1 st and 2 nd Structure of US court system: First look at the Constitution: Article 3, § 1—gives compensation information Art. 3, § 2—Judicial power to extend to all cases- the Constitution never says what this power is, so the Court has taken as much as possible. In 1803 Marbury v. Madison - John Marshall (chief Justice) set the precedent for showing the Supreme Court had power. - He took an expansionist view of the Constitution - This expansion is now called Judicial Review - This means SC is the one in the Constitution to determine what the Const. actually says. This seems a little against the whole check and balances. Art. 6 paragraph 2- The Constitution, treaties, and laws made by authority of the US are supreme law of the land. Federal Three Court Structure- Page 23 94 District Courts 14 U.S. Court of Appeals US Supreme Court District Courts - handle about 500,000 cases- the original court (where the action starts), typically one judge and a jury if it goes to trial; life time job Court of Appeals - the next place for a loser in the DC’s it is known as a Circuit Court b/c the judge must go around and visit each court at least once a year; the biggest is western US, includes Guam and other places. It is only an appellate court, does not hear original cases. About 75,000 cases a year, 3 judges, if you lose w/ three judges, you can appeal to the whole court (en banc hearing) which is when all judges hear your case; lifetime appointment. Supreme Court - both original and appellate, 9 justices, about 7,000 cases are filed each year, only about 100 decisions are made each year. Lifetime appointment. The case for today: Deals w/ the 2 nd Amendment- Dr. in Abilene, at home, having problems w/ wife, he pulls gun out, it is empty and unloaded, cops come out, settle the dispute, Standard procedure- restraining order, and no contact w/ guns. He claims they cannot take away his 2 nd amendment right, he was convicted and is now a felon. The Supreme Court interprets the word militia to mean the national guard, however recent historical has found that the militia at the time of the Constitution was able bodied males. US v. Miller The 10 th Amendment states that gun ownership is a state issue. Morton Grove v. Illinois bans gun ownership in the city Another place made it mandatory to own guns. Judge Sam Cummings- Federal Dis. Court Judge- he ruled for the doctor and gave him back his right to bear arms.
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September 4, 2006 Lecture: Writ of Mandamus- a court order for doing something. The court says do this or else type deal. There are many other courts on top of what we have discussed, too many to know. Same duplicate of the three level federal system, is found in states.
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This note was uploaded on 04/17/2008 for the course POLI SCI taught by Professor Fabrizio during the Fall '05 term at McMurry.

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Const. and Sup. Court - Lecture Page 724 gives an example...

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