NonOriginalism- follow the Constitution as the society evolves, living document that needs to evolve 3 categories of amendment: political rights, civil rights, and economic freedom Federalism refers to a verical division , prohibits states ,Congress regulates commerce (ei interstate commerce) Article 3 section 2: a trial by jury except impeachment Individual liberties such as State Action Doctrine State Action Doctrine: apply to state government and not private (ei 13th Amendment) Has to be agreed on by of both houses of congress, ¾ quarters of the state ⅔ Justiciability doctrines: what the courts are assigned to hear and which are dismissed 2 types: Constitutional and Prudential Limits on federal and judicial power If it does not come from the Constitution, wise policy Standing values - plaintiff requires personal injury whether they can be a matter to the court Promotes the separation of powers, limits the amount of cases.need to have personal interests at stake, affects you clearly Requirements -suffer an injury, trace it back to the person that is being sued, and possible recompensation L.A. vs Lyons -case did not have proper standing nor did it affect again
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- Fall '17
- Anthony Ratcliff
- Articles of Confederation, Dredd Scott