POSC Lecture 5

POSC Lecture 5 - POSC – Lecture 5 The reason we are...

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POSC – Lecture 5 The reason we are reading cases is that we are trying to distill what the law is. Martin V. Lessee Cohen brothers case o Even though we haven’t briefed them, those 2 WILL be on test. Doctrines of Justiciabilty Gatekeeper provision. Common law doctrines that stop cases from being heard in the court system. Why would we have doctrines of justiciability? o Preserve judicial resources. o Separation of powers and Checks and balances There has to a preservation of these two doctrines. You don’t want the court to start resolving everything. Our system is build upon the premise that every branch of govt has its own duty. o Designed to ensure that the court only addresses the best cases to resolve the issue. Better for precedent. o Designed to promote fairness. Originalism (AKA Interpretation) – Judges are limited to the text of the constitution or the intent of the framers of the constitution. Anything beyond that is beyond the judicial prerogative.
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POSC Lecture 5 - POSC – Lecture 5 The reason we are...

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