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psc113 notes 9/1

psc113 notes 9/1 - paper saying he is a judge-Did Marbury...

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9/1 Studying courts Psych (Cognitive process of jurors) Econ (efficient legal rules) Soc. ( race and criminal justice system) -Courts are part of the policymaking process -judges base decisions on policy references Stages of judicial process -Appointments to the bench -selection of cases (discretionary docket) -opinion assignment of the Supreme Court -implementation of decision Role of the Court Are judges like umpires? -Historical changes (Marbury v. Madison) -Judicial review -Statuary interpretation Hamilton- Judicial branch “least dangerous” Evidence of Judicial impotence -lack of business -Presidents couldn’t fill vacancies or retain justices The court-uniquely powerful: de Tocqueville What changes? The revolution in judicial power was started by the Supreme Court’s decision in Marbury vs. Madison (1803). Federalists passed Judiciary Act, which increased the number of Federal judges. Justice of the peace –Marbury petitioned to get the piece of
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Unformatted text preview: paper saying he is a judge. -Did Marbury have a right to the commission? -Did the law give Marbury remedy?-Is the request for a write of Mandamus, filed in the Supreme Court, a proper remedy? Judicial Review The court has the authority to review Congressional legislation to determine whether it is consistent with the constitution-Marshall said it’s the duty of judiciary to say what the law is-Dred Scott v. Sanford (1857)-Hammer v. Dagenhart (1918)-Brown v. Board of Education (1954)-Roe v. Wade (1973) Statuary Interpretation-48% of SC decisions are interpretations of federal statues while 36% are invocations of judicial review-Holly farms vs. NLRB (1996)- Agricultural laborers? Can unionize because aren’t “agricultural laborers”-Smith vs. United States (1993) Use of weapon...
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