Lecture 8 End of Textualism Next up Pragmatism
State Constitutions of the Time
Scalia: evidence shows plainly understood
23 States in 1820.
State Constitutions knew how to say defense of self
No case expressly held individual right
If so plainly und
Lecture 5: Federal Courts and Marbury- Judicial Power
S through Z 277 Ethan Roman
Pinpoint the Question Presented
1. What is the question in Gideon?
Example (Broad) Are criminal defendants guaranteed attorneys?
This is the rule the Court appl
Lecture 6 - Originialism to Textualism
3 Main Areas in the Opinion:
Is the appointment vested? (Yes)
Is there a law that allows Marbury to seek writ? What basis does Marbury have to ask the
President to do something, can the court do anything?
a. What doe
Lecture 4- Judicial Power and Impact
Gideon and Iconic Cases
September 30th is the due date for issue paper 1.
Wednesday is the first small section days.
Bush v. Gore conclusion
Civics lesson? 16% more knew who the chief justice was
But knowledge of the S
Judicial Bias and Politics
A last word on recusal
Test: 14th Amendment Due Process Violation
Test: Federal Standard?
File a timely and sufficient affidavit that the judge before whom the matter is
pending has a personal bias or prejudice either against h
Lecture 7 How Should Judges Decide Continued Part 3
Problems with Thomas Analysis?
What documents are relevant?
State Laws on parental control? (in State: kids are also under control of Parents)
- Cites to MA and NH
- Other ratifying states?
- Survey? How
What Constrains the Court?
Dahl- Constitutional Structure Makes Policy OK
Constitution Impels Policy from Court
- Legal reasoning no help it is just a mechanism
- Issues that come before the Court?
- Policy only guide
This is not an issue for him
The President Lecture
Article II Presidential Powers
Executive Power Branch
Commander in Chief
Reprieves and Pardons
Appointments (advice/consent) Ambassadors, Court, Officers of US
Inferior Officers Congress can lodge
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, an
Lecture 9- Pragmatism
Breyer Dissent in DC v. Heller
2nd Amendment Have to adapt because modern weapons are really powerful compared to back
Constitutional Text and Vagueness? intentional because you should be able to adapt to the
future. Vague on p
What Makes a Neutral Judge?
Caperton v. A.T. Massey Coal
14th Amendment Due Process Violation nor shall any State deprive any person of life,
liberty, or property, without due process of the law
Serious risk (probability)