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Course Review.doc - W403 WPR Review and IRACs LSN2...

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W403 WPR Review and IRACs LSN2: Korematsu vs. US I: Is the order to relocate Japanese citizens unconstitutional under the 14 th Amendment? R: 14 th Amendment: Any legal restrictions which curtail civil rights of a single racial group are immediately suspect (heightened review) A: Government must conclusively demonstrate a compelling state interest to pass heightened review. Compulsory exclusion, though Constitutionally suspect, is justified during circumstances of “Emergency and peril.” C:Relocation is not unconstitutional because government had a compelling reason for the order (military necessity – protect against espionage) Five Fundamentals of American Constitutional Government: 1. Rule of Law 2. Separation of powers 3. Checks and Balances 4. Federalism 5. Individual Rights LSN3: Ex Parte McCardle (Congress can regulate Supreme Court Appellate Jurisdiction) I: Can Congress pass a law that limits the Supreme Court’s jurisdiction to hear a case? R: Article III, Section 2: Exceptions and rules made by Congress on jurisdiction. A: Supreme Court is supposed to be able to rule on constitutionality of government actions and laws under any circumstance. However, in the Constitution it plainly states the jurisdiction of the Supreme Court and says that Congress may make rules and exceptions to limit the Supreme Court’s jurisdiction. Thusly, the SC cannot hear McCardle’s case on his being treated with injustice. C: Supreme Court cannot hear McCardle’s case as Congress has passed a law limiting the jurisdiction of the Court, which is supported by Article III, Section 2. Civil vs. Common Law: Civil: -No precedent -Case by case -Less discretion by judge Common: -Precedence important but not final -Discretion owned by the judge
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Jurisdiction = Power Appellate Jurisdiction is power to review the actions of another court Original Jurisdiction is power to hear a case first Justiciability (should you hear a case?) (RAMPS) Standing – must have a personal stake in a case (no NYers complaining about WY’s gun laws) Mootness – have the issues been resolved? Ripeness – is a case too late (already resolved) or too early (not ready to be resolved yet) Exhaustion of Remedies – Have all others means to resolve the case been tried? Doctrine of Absention – No interfering with a case until state courts have finished with them Political Question – avoid judging cases that cause political fights with other 2 branches or better handled by other 2 branches LSN4: Marbury vs. Madison 1796-1803 First presidential election of 1796, John Adams wins Thomas Jefferson win election of 1800, Aaron Burr ties but loses because of house vote Federalists-Alexander Hamilton, John Adams, John Marshall, William Marbury (Justice of the Peace in the District of Columbia) Jeffersonian Republicans- Thomas Jefferson, James Madison (Secretary of State)
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Federalists in 1800 lost both the White House and Congress that year after having a 12 year run, making them very concerned.
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