The American Judicial Process
The American Judicial Process PLS 320
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This 1 page Class Notes was uploaded by Fabian Hills on Saturday September 19, 2015. The Class Notes belongs to PLS 320 at Michigan State University taught by Reginald Sheehan in Fall. Since its upload, it has received 13 views. For similar materials see /class/207460/pls-320-michigan-state-university in Political Science at Michigan State University.
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Date Created: 09/19/15
PLS 320 Notes 120511 0 Compliance with School Prayer 0 McGuire 0 Supreme Court s consistent rejection based on 1st Amendment s Establishment Clause I Holds regardless of partisanship o Rejected forced recitation of prayer students leading prayer Ten Commandments posters moments of silence clergy at graduations prayers before football games o Hurdles to Implementation 0 Norms I Culture and attitudes Resistant to change Southern culture 0 External Political Pressures I Evangelical Christians Size of Community Conservatives Student Diversity 0 Attitudes of Implementers I Support among public school officials 0 Conclusions 0 Noncompliance occurs regularly o Definite lag from decision to implementation and compliance 0 Noncompliance probably underreported among rural schools 0 Gap between decisions and implementation 0 Constrained Court 0 Rosenberg o Constrained Court View I Courts will generally not be effective producers of significant social reform 0 Limited nature of constitutional rights 0 Lack ofjudicial independence 0 Inability to develop appropriate policies and lack of implementation power 0 Supreme Court not the best place to turn to for social reform 0 Dynamic Court 0 Constrained Court View I Overstates limits on courts I Unlikely leaders but not impossible 0 Dynamic Court View Independent Catalysts I Evolving Procedure I Court is a catalyst but relies on others to complete social change 0 Constrained v Dynamic 0 What s the more accurate assessment 0 Do we have a constrained court or a dynamic court 0 What are the consequences
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