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Unformatted text preview: Rule of 4-Justices decide whether or not to hear a case Writ of Certiorari - ordering lower court to send documents Stare decisis - Let the decision stand 3 Cues - U.S. Supreme Court 1. Federal Law - unconstitutional? 2. State Law - unconstitutional 3. 2 U.S. Circuit courts that decide differently on similar issue Judicial Review - the right of a court to determine if govt act or law contradicts the will of the Constitution Not mentioned in Constitution Marbury v. Madison (1803) -formally est. judicial review Writ of mandamus - court can order a gov't official to do his job The Interpretation of the Constitution Short, vague Judicial activists Judicial Constructionists Judicial activism Broad interpretation Underlying principles "Living document" - same Constitution Judicial Restraint Constructionists Narrow interpretation (clearly implied) Original meaning of founding fathers Legislature/executive should decide wider issues (make laws)...
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- Spring '08