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Unformatted text preview: February 28, 2011 * Finding cases on-line: scotusblog.com, Oyez.com A-Law and Politics in the News 1- DOMA a. Pres Obama has directed justice dept. to not defend in federal court the defensive marriage act a.i. Passed in 1996 - Clinton a.ii. Said that states do not have to recognize same sex marriage of other states a.iii. Defines marriage as between a man and a woman b. Two main Constitutional problems b.i. Full Faith and Credit Clause b.i.1. Comity b.i.1.a. States recognizing each others laws b.ii. Due process clause of the fifth amendment b.ii.1. Calling marriage between a man in a woman, does that violate peoples rights to marry who they want to marry c. What it means is that the justice dept is not going to send its lawyers in the federal court to defend the law under law suits 2- States rights a. States have been claiming more rights under fed system a.i. Environmental regulation a.ii. Resolutions in legislatures b. States can fun into probs with fed legislation that overrides federal legislation c. When you look at the issues, its clear that these are partisan concerns 3- Integration a. How do you deal with segregation in the schools 60+ years after Brown b. Trying to integrate the schools based on achievement levels c. Problem of enforcement: c.i. Still profound inequalities in school system based on race c.ii. Clearly court struggles to effect social policy outcomes **Papers due Monday, March 7 th (McCullough v Maryland) Questions, issues (2), conclusion (reasoning!) John Marshall, textual argument, what text is he referring to, and how does he justify it Personal assessment of case Looking for analysis- one paragraph **Second quiz, Wed, March 30 th B-Judicial review and supremacy in US History 1- What is judicial review? Marbury v Madison (1803) a. What John Marshall says in this case has everything to do with Judiciary act of 1789 a.i. Created circuit system, fed system a.ii. Gave court power to give writs of mandamus a.ii.1. This aspect alters article III b. What we treat is a given iconic American law is really not in our constitution, more like a creation 2- What is judicial supremacy?2- What is judicial supremacy?...
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