Term
Legal Interpretations - Originalism
Definition |
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Definition
| Adjudicate based on the writers of the law |
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Term
Legal Interpretations - Originalism
How to follow |
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Definition
-Read and follow the words as written
-Historical analysis
-Structural analysis |
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Term
Legal Interpretations - Originalism
Pros (3) |
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Definition
-Very democratic
-Most stable
-Limits judges |
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Term
Legal Interpretations - Originalism
Cons (3) |
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Definition
- Intent of groups can be hard to identify
- Intent could be a progressive interpretation
- Does intent of the framers really apply today? |
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Term
Legal Interpretations - Stare Decisis
Definition |
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Definition
| Operates based on precedent |
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Term
Legal Interpretations - Stare Decisis
Pro (1) |
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Definition
| Easier to find reasonings to base decisions on |
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Term
Legal Interpretations - Stare Decisis
Con (2) |
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Definition
- Causes very abstract interpretation of Constitution
- Bases can be flimsy |
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Term
Judicial Selection
Article III Formal Selection |
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Definition
- President nominates
- Whole Senate votes for SC, only a few for District
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Term
Judicial Selection
Article III Informal Selection |
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Definition
- Since Senators from a particular state have final say, President defers to them to nominate their own candidate
- Only for District Courts |
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Term
Judicial Selection
When is the Senate likely to be activist? (5) |
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Definition
- Different parties control executive and legislature
- Overtly political nomination
- President late in term
- Low quality nominee
- Interest groups organize against a nominee |
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Term
Levels of Courts - Circuit Courts
6 Characteristics |
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Definition
- Less discretionary jurisdiction
- Cases generally easier than SC cases
- Very few dissents
- Less time spent on a given case
- Rely heavily on clerks
-Shorter opinions |
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Term
Levels of Courts - District Courts
Characteristics (4) |
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Definition
- 94 across the country
- Do not cross state lines
- Single judge hears a case
- Court of Original Jurisdiction, provides fact briefs |
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Term
Judicial Review
Contreversies (5) |
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Definition
- Did the framers intend the power?
- Is it a violation of federalism?
- Does it violate separation of powers?
- Does it fulfill the countermajoritarian role of the Court?
- How should it be used? |
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Term
Judicial Review
Effects (3) |
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Definition
- Used fairly sparingly
- Legislators take care to make sure their laws are constitutional before passing them
- Used primarily agianst states |
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Term
Limitations On the Court
Executive (2)
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Definition
- Nominate justices
- Enforces judicial decisions |
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Term
Limitations on the Court
Legislative (5) |
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Definition
- Holds the power to tax
- Controls the Court's budget
- Approves nominees
- Can impeach/remove justices
- Controls Court's jurisdiction
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Term
Limitations on the Court
Self-Imposed (5) |
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Definition
- Standing
- Mootness/Ripeness
- Avoid political questions
- Decisions made on the most narrow possible ground
- Must justify decision in a public opinion |
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Term
Impact/Implementation
Implementation - 2 Questions |
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Definition
-Who are the actors?
- What do they do? |
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Term
Impact/Implementation
Impact - 2 Questions |
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Definition
- Any statistical change after the decision?
- Part of a larger movement? |
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Term
Impact/Implementation
4 Populations |
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Definition
- Interpreting Population: Lower Courts
- Implementing Population - Agencies
- Secondary Population - Congress, Interest Groups
- Consuming Population - those affected |
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Term
Impact/Implementation
4 Criteria |
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Definition
- Clarity of opinion
- Severity of sanctions
- Political implications
- Legitimacy of decision |
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