GOV3.26 - Rule of 4-Justices decide whether or not to hear...

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GOV3.26 Research paper due April 2 Was the invasion of Iraq justified? Is the war being managed effectively? What will the end result be? U.S. Supreme Court - only federal constitutional court 9 Justices (constitution does not specify how many judges, tradition since 1869 When George Washington was president, 6 people on Supreme Court John Roberts – appointed by G.W. Bush, Chief Justice replaced Rehnquist Samuel Alito - appointed by G.W. Bush replaced Sandra Day O'Conner 110 people have served on Supreme Court 108 men, 2 women 108 people white - 2 African-Americans Docket - 100-120 cases per year Original Jurisdiction - 5% Appellate Jurisdiction - 95% Cases that go to the Supreme Court (Article 3) 1. State v. State 2. State v. U.S. Government 3. A foreign government leader, chief diplomat 4. A lawsuit in which a State is suing a citizen of another State U.S. District Court -> U.S. Circuit Court -> U.S. 65% State Court -> Supreme Court 30% Docket - Judicial discretion (all 9 decide on what cases to hear)
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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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GOV3.26 - Rule of 4-Justices decide whether or not to hear...

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