American federal Gov week 8
American federal Gov week 8 P SC 1113
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P SC 1113
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This 3 page Class Notes was uploaded by . on Tuesday March 22, 2016. The Class Notes belongs to P SC 1113 at University of Oklahoma taught by Dr. Gary Copeland in Spring 2016. Since its upload, it has received 10 views.
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Date Created: 03/22/16
American Federal government week 8 lecture/material notes THE COURTS There are certain limits on the court's authority Some of which include, that they must have jurisdiction over a case The case must be legitimate and brought to them (they cannot seek out a case), they lack enforcement powers and there are checks and balances limiting their powers Advisory opinion not allowed No hypothetical cases, must be real dispute Must be something the court can solve must be justiciable Enacted law used and adopted by the people or legislative bodies. Can be statues, regulations and constitutions that may guide law. Common law developed by courts have precedential influence over future court Role of law provides predictability and stability. Provides punishment and security to defend gen public from conflict. Law is built around our values and morals. Also gives us rewards and sanctions based on behavior Bureaucracy, president, etc create and establish laws as well as the court Police, bureaucrats, etc enforce the laws Hamilton felt that the courts were the least dangerous: congress has the power of purse, president controls military (those are more powerful powers) Dred Scott v. Sandford (1857) Dred Scott was a slave who sued for his freedom and lost the case in a ruling that determined that African Americans could not sue the fed gov. Because they were not considered citizens Plessy v. Ferguson (1896) Homer Plessy sued his trial judge imprisonment for sitting in a “whites only” railway car, on the basis that this law was in violation of the Fourteenth Amendment’s equal protection clause. Brown v. Board of Education (1954) Supreme Court unanimously decided that segregated public schools were in violation of the 14th amendment and stated that resistant schools must desegregate with “all deliberate speed.” We learned the difference between the two traditional judicial philosophies. One is founded on interpretation of the Constitution loose constructionists believe that the Constitution was worded vaguely because it was meant to be interpreted differently as the needs/values of the nation changed. They favor the elastic (necessary and proper clause) because it expresses the need for a power that can be flexible to changing times. The other philosophy is illustrated by the strict constructionist, who believes that the Constitution should be taken literally, that it was designed to “stand the test of time,” and that the power of the government should not be expanded; that it is expressed specifically and that those limits are important. Senatorial courtesy senators whose states have vacancies in the federal bench have a say on who is nominated for that position Plea bargain 95% of convicted felons were convicted via this method Justice is not always found because most cases settled outside of court in this way. Plea bargains help to reduce criminal sentences, but it is a class issue because if you can’t afford the best attorneys, sometimes innocent people will plea bargain out of fear of losing with a bigger punishment Courts do encourage plea bargaining because it is less work, and our system cannot afford to hear every case in court.
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