-Men that opposed the ratification of the constitutions in 1787

- not just opposing crabby men, that came after the Feds

-they were heirs and carriers of american theory stretched back 150 years and commonly called "American Whigs"

held a majority of the delegations of at least 6-7 state conventions

the federalists had to convince 50-75 antifeds to change their respective minds

Who were the federalists?

-Pennsylvania and Virginia territory were typical in electoral support

-counties along the western frontier and adjacent to the coast

support for the antifeds came from the middle counties that did not engage in a lot of commerce or face indian threat

-they were small farmers with relatively small farms which was too small to enter into interstate commerce

-out of  the 90% or the 80% of white farmers, 70% of the antifederalists were white farmers that owned less than 60 acres

-they wanted to preserve their local communities: the communities they inherited through generations of families

-they wished to retain control of their respective communities through the consent of a local majority of ciitzens using a broad definition of citizenship

-antifed had a higher degree in the attachment to a local government

the people had been controlling their government through majority rule in annual elections; they have the oldest constitution in the world

-wanted to keep as much power as possible at the state and local level

-they wanted the constitution to reflect the popular consent yearly.. not ever other year or every six years

-they pushed for a bill of rights that commited to community and government based on consent stemmed from the principles of covenant theology: this theology saw all humans as equal (gave rise to popular soveriegnty, majority rule, and political equality)

a DUAL appellate system

ELECTED SC justices

ELECTS judges on PARTISAN ballot

ELECTS LOWER court judges

One hears civil cases

the other hears Criminal

(Oklahoma)

dual appellate that can't overrule one another

elect their supreme court justices

1. Plead innocent on scheduled court date and demand a jury trial
2. When the jury trial day comes, if officer doesn't come you automatically win, if they do show up, you get ONE automatic continuance
3. When 2nd trial day comes, if cop shows, you get convicted
4. You can appeal your case to the county court
5. If the COUNTY doesnt hear your case within a specified period, then you automatically win your appeal

no appellate jurisdiction

2/3 Civil

1/3 criminal

True or False:

Tx usually overturns their CRIMINAL convictions

-judges accept money

-Bribes in TX are called "campaign contributions"

- campaign cont. used to be pocketed

-one in three judges have said that contribution money affects their decisions

-serve for good behavior( life terms)

-president nominates and senate approves with simple majority

-senatorial courtesy can restrict who president elects

Appellate criminal ( habeas corpus from state)

Original from criminal offenses

Orginial from civil

-Defendant rarely appears

-judges just check if the due process procedures were followed properly

-THREE judges hear and decide on the cases and 2/3 has to agree

-used to be called conference of senior circuit judges

-they make policies about the administration of US courts

Most appeals for the court is to issue:

Who decides which cases to recomment to the court?

WRIT of certiorari ( to make more certain)

law clerks (cert pool)

In half of the hearings, the US government is the plaintiff or defendant... 

Who represents the US govt and what % does he prevail?

Solicitor General;

70%

solicitor general

state govt

ACLU

AFLCIO

justices deliberate without contact from anyone

NO RECORD IS KEPT

court can't enforce their own opinion

shows the flaws in the majority decision

gives reasons why future courts should overrule

1st: judiciary act of 1801 that created a number of new federal judgeships that ADAMS promptly filled

2nd: created a government in DC which empowered president to appoint justices of peace for the new city

john marshall, secretary of state at the time, didn't sen d the commission letter to marbury in time.

why did this happen?

Marshall asked his BROTHER to send out the commissions

after the inauguration of Marshall as chief justice,  noone is there so send out commissions!

set a bad precedent where president gets away with ignoring supreme court

the federal judgeships could be nullified under the new legislation

leaves SC in KOBAYASHI MARU scenario

John marshall changes the constitution!

changed the meeting times of supreme court, eliminated appeals courts

marbury had a legal right to his office

had ta right to a legal remedy

the appropriate remedy was asking for a writ of mandamus

since judiciary act of 1879 was thrown out, marbury couldnt directly file his case with the supreme court so the SC would not demand a writ!!!!!

john marshall had to fix something he started

judiciary act of 1801 wanted to expand judicial jurisdiction

but got MORE POWER by striking it down

after hearing the care, sc decided NOT to hear the case

Definition of beauracracy

-power flows from the top down

-follow orders

-loyalty is #1 priority

-focus on job at hand

-don't question authority

-tight control on information

-focus on task at hand

True or False?

Anything the US can do, the private sector can do better

True

Examples of independent agencies

these usually end up as departments

president controls by appointing heads with senate approval 

congress controlls by controlling budget, structure, and oversight

court controls with court orcers and lawsuits