Study_Guide - with new deal to prevent court packing Lower...

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Court irrelevant competing with state rights. Their power Federal courts dominate as they can review state court decisions. Hamdi v. rumsfeld allowed administration to reduce civil rights in interest of national security. dispute is over) can be overruled like in Roe v wade where certain the issue will rise again. Cort has big discretionary power to choose cases and can use cases to set agendas. 50’s to 80’s activist court on rights and abortion, but has slowed down. This is usually a smoke-screen and judges really just care about getting their policies across, as Rehnquist court was activist. Court can play politics like when 2 justices went
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Unformatted text preview: with new deal to prevent court packing. Lower courts or executives and governor may try to obstruct the court’s ruling if they disagree. Judicial Revolutions Expanded power by reducing stake in standings by litigants. Title 42 allowed citizens brining suit against a public official to collect attorney’s fees. Class action suits have also expanded powers of courts. Also allowed structural remedies, and not letting go of a case until the problem had been solved. These special interests getting involved in litigation defended the Court against Congress. ’71...
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This note was uploaded on 02/20/2009 for the course GOVT 111 taught by Professor Lowi during the Fall '08 term at Cornell.

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