1-20 notes - LSJ 361 01/20/2009 Incorporation of the Bill...

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LSJ 361 01/20/2009 Incorporation of the Bill of Rights 1) Opinion writing is a process a) Circulation of draft opinion b) Bargaining: e.g. threat of dissent c) Re-writing and circulation again d) Justices then decide if they will join the opinion e) Opinion is announced 2) Opinion trends a) More and more opinions – increased use of concurring and dissenting opinions b) Weaker majorities – few unanimous decisions 3) Impact of Court’s decision a) How does the court’s opinion come into effect? i) Challenge – Neither sword nor purse ii) Depends on cooperation of executive, legislature, and states iii) Gradual Process iv) Sometimes met with resistance 4) Political responses to decisions a) From executive i) Resist enforcement ii) Political entrenchment b) From Congress i) Court curbing – legislation that alters the arrangement and jurisdiction of the supreme court ii) Constitutional Amendment – c) From States i) Brown v Board 5) Incorporation a) Definition – Process through which protections enumerated in the Bill of Rights are applied to state governments. b) History – Three Phases i) First Phase – Pre civil war (1780s – 1865) (1) States had constitutions resembling federal constitution (a) Article IV, Section 2 – (i) Do the guarantees in the Bill of Rights comprise the privileges and immunities of citizenship?
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1-20 notes - LSJ 361 01/20/2009 Incorporation of the Bill...

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