Week 9-8 to 9-12
Week 9-8 to 9-12 200
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This 3 page Class Notes was uploaded by firstname.lastname@example.org on Saturday March 14, 2015. The Class Notes belongs to 200 at San Francisco State University taught by Benjamin Lozano in Fall2014. Since its upload, it has received 121 views. For similar materials see American Politics in Political Science at San Francisco State University.
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Date Created: 03/14/15
The Federalist Papers Publius the Constitution Republican Government and the why of Federal Judiciary Review Hobbes State of Nature a ubiquitous perpetual state of emergency Kelsen presents a mechanical pure theory of the law and state Lecture The professor started the lecture with two quotes from two popular jurists Clinton Rossiter and Henry Monaghan Both men pointedly disagree with one another about how perfect or imperfect the Constitution is in today s life Questions to ask 1 What is the Constitution Its relation to law 2 What was the framer s conception of the Constitution How did they think it would function What is the judiciary s role in the Constitution What is the judiciary s role for the Constitution What is the 3rd article of the Constitution about itemization of powers for the federal judiciary We are a Republican Government What is the Federal Judiciary Act of 1789 the lSt senate bill ever passed by Congress What did the act do it established a federal court system superior to the state s courts it established the circuit courts and district courts it established the Supreme Court of the US Also formal legislation from Congress was required to make the federal judiciary Under the Articles of Confederation there was no federal judiciary Alexander Hamilton called for One Supreme Tribunal The lSt generation of Americans did not want to be federal justices but that is certainly not the case today 1 2 What was Publius Jay Madison Hamilton goal It was to shift the American public s ambivalent perception of the Constitution people didn t like the Constitution because it seemed vague Publius was writing during a state of emergency Essay No 3 Important quote Among the many objects to which a wise and free person find it necessary to direct their attention That of providing for their safety seems to be the first Hamilton Essay No 8 Citizens will give up more of their rights when faced with danger paraphrased statement Is the above statement a normative or empirical statement Potential Extra Credit Questions 1 What were the two most recent appointees to the Supreme Court Elena Kagan Sonia Sotomayor 2 What does SCOTUS stand for Supreme Court Of The United States The Federalist Papers continued Short Comings of ADC Articles of Confederation Lack of Unity between states Lack of Government Energy a Inability of federal government to raise tax revenues b Inability of federal government to summon troops 0 Lack of respect to treaty obligations d Impotent Executive Branch e Abc and 1 led to the government not being able to pay off debts 3 1 Federal Government too decentralized to be effective because the AOC did not want power to be focused too much into one branch of government Govt impotent in defending against foreign attack In Essay 15 Publius bashes the AOC for its insuf ciency Publius outlines why we want a Republic and offers a solution instead of just being critical of the AOC The public good the real welfare of the great body of the people is the supreme object to be pursued and no form of government whatever has any value than as it may be tted for the attainment of this object Essay No 45 Publius emphasizes the idea of substance over structure which means that the goal of the republic namely the establishment of a Federal Judiciary is over or more important than its institutional structures The Federalist Paper s Thesis You should sign the constitution because it will achieve what we really want in our government Another problem with having many separate state courts is the fact that they can rule differently on the same or similar cases leading to confusion misinterpretation and a breakdown of the entire court system A federal judiciary has authority over the state courts so that it can more easily interpret the law of the land Questions asked Should not the courts in an emergency give power to the executive Who did our framers think should be in charge during a state of emergency