Supreme Court 9 Judges Chief Justice John Roberts 4 How Judges Appointed

Supreme court 9 judges chief justice john roberts 4

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3. Supreme Court 9 Judges Chief Justice John Roberts 4) How Judges Appointed : Constitutional Requirements
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Role of Ideology Senatorial Courtesy *Nominees need to go through the Senate Judiciary Committee 5) Judicial Review *Judicial Review: If the President and or Congress is trying to pass a law, the Supreme Court Reviews the law and may or may not pass it. 6) How Cases Reach Supreme Court : Actual controversy; Standing; Mootness (will reach SC only if have all three ) -Actual Controversy (controversy about an actual law -Parties must have legal standing (Not something that could have happened but something that actually happened -Must have Mootness (Time limitation, cant be about something that happened 60 years ago) Writs of Certiorari * Writ of certiorari: Formal request by an appellant to have the supreme court review the decision of the lower court You have 90 days to submit the writ. Looked at by Law clerks (write summaries of the case ) Any 9 justices can be it on a "discuss list" only 1% is looked at Cases with constitutional implications (question of federal law that has broad public significance) (Role of) Solicitor General 3 *Solicitor General of U.S. is 3rd in line. He is chief lawyer Amicus curiae (friend of the court) 7) Supreme Court’s Procedures: Preparation Briefs by both sides Oral Argument 3 Also: Attorney General.
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30 minutes Conference between the justices in closed doors Opinion (of the Court) Explain why they made their decision Concurring Opinion One Justice states his opinion on the case, but he still agrees with the majority of the justices. Dissenting Opinion One Justice states the minority opinion 8) Supreme Court’s Political Ideology 9) Judicial Activism vs. Restraint *Judicial Activism : Judges look beyond the constitution to pass laws Restraint opposite? 10) Limits on Judicial Power 11) Class-action suit *Class action lawsuit: group of people sue, if they win they all get money Essay Questions, Test 2 You will answer one of the following essay questions: 1) If you were a Congressperson, would you be more like a delegate, or a trustee? Touch on the issue of what the purpose/role of representatives in a democracy is, and the connection between this and the direct vs. indirect democracy issue. 2) Discuss the official (and unofficial) powers of the presidency. Has the president’s power (in relation to Congress) grown too large in recent decades, particularly in regard to war and peace issues? Whoexactly should have more power (Congress or the President) when it comes to the momentous issue of using military force or not? 3) What steps are taken to ensure that the judiciary remains neutral? Have we institutionally achieved that desired neutrality/objectivity? How might we increase it?
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  • Fall '09
  • Government, Supreme Court of the United States, President of the United States, United States Congress, Senate Majority Leader, Minority leader

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