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Federal Courts2 - How much of a role does the personal...

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The Federal Courts 3/30/2010
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Announcements Reading for Thursday Chapter 9 Paper B Due April 15 Optional Drafts due next Thursday
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Which branch do you respect/trust most? 1 2 3 33% 33% 33% 1. Congress 2. Presidency 3. Courts
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Limitations of the Courts Passive Limited by cases Have no enforcement ability
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Influence on Policy Principle of Judicial Review Authority of a court to declare legislative and executive acts unconstitutional or unlawful and therefore invalid. Established by Marbury v. Madison (1803)
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Congressional Responses If declared unconstitutional, Congress can pass an amendment 14 th Amendment 16 th Amendment (1913) 26 th Amendment Interpretation of law May pass law with clarifying language Voting Rights Act of 1965
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Example District of Columbia v. Heller (SCOTUS, 2009) McDonald v. Chicago
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Current Court
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Unformatted text preview: How much of a role does the personal preferences of justices play in how they rule? 1 2 3 33% 33% 33% 1. Very little 2. Some 3. Lots Should judges serve life-time terms? 1 2 50% 50% 1. Yes 2. No Selecting Judges Election – Partisan – Nonpartisan Missouri Plan/Merit Plan Gubernatorial Appointment Legislative Election (2 states) – Controversial, most judges former legislators Missouri Plan Steps to process: 1. Nominating commission 2. Governor appoints 3. Retention election Criticisms: 1. Still political 2. Retention elections not useful 3. No quality improvement How should judges be selected? 1 2 3 4 25% 25% 25% 25% 1. Partisan elections 2. Nonpartisan elections 3. Appointed by legislature or president 4. Missouri plan...
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