Lecture notes 1/15
Lecture notes 1/15 PSC 2213
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This 3 page One Day of Notes was uploaded by Gabriella Hope on Tuesday January 20, 2015. The One Day of Notes belongs to PSC 2213 at George Washington University taught by Paul Wahlbeck in Spring2015. Since its upload, it has received 184 views. For similar materials see Judicial Politics in Political Science at George Washington University.
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Date Created: 01/20/15
Thursday January 15 2015 Class 115 Judicial Law Justice John Roberts judges and justices are like umpires As they apply the rules their job principally is to decide what the rules are The Court The least dangerous branch no influence over the sort or the person no direction of the strength or wealth of the society can take no active resolution whatever neither force nor will but merely judgment Evidence of Judicial Impotence Lack of Business Used to have 2 sessions and they d have to cancel sessions because they had no business to conduct cases to hear Used to decide on average 5 cases per year now it s around 70 cases annually Presidents had difficulty filling vacancies and retaining judges eg Robert Harrison declined position on SCOTUS to become a Chief Justice for Maryland Supreme Court John Jay first chief justice resigned from his position to become ambassador to England de Tocqueville if the sphere of his authority and his means of action are the same as those of other judges whence does he derive a power which they d no possess The cause of this difference lies in the simple fact that the Americans have acknowledged the right of the judges to found their decisions on the Constitution rather than the Iaw Marbury vs Madison 1803 the revolution in judicial power was started by the Supreme Court s decision in this case federalists during the five months before inauguration of new president created new judgeships and appointed new judges Thursday January 15 2015 Case details Marbury was appointed as Justice of the Peace for DC went through Senate confirmation and was confirmed but didn t get a paper certificate Sues Secretary of State James Madison requesting his certificate in the Supreme Coun SCOTUS run by Chief Justice John Marshall asks 3 questions Did Marbury have a right to the commission piece of paper Yes he is legally entitled since he went through all the steps Does the law provide Marbury with a remedy Writ of mandamus writ commanding a government official to perform a ministerial act that the law recognizes as an absolute duty Is a request for a writ of mandamus filed in the Supreme Court the proper remedy It is inconsistent with the constitution for Marbury to seek immediate attention from SCOTUS without seeking other remedies first Judicial Review The court has the authority to review congressional legislation to determine whether it is consistent with the Constitution John Marshall It is emphatically the province and duty of the judicial department to say what the law is Examples of judicial review in American history Dred Scott v Sanford 1857 people who have been slaves do not have rights Hammer v Dagenhart 1918 law prohibited interstate shipment of goods coming from a mine or other entity employing children under certain ages dealt with child labor laws Brown v Board of Education 1954 segregation in public schools Roe v Wade 1973 right to abortion 1924 court gets the power to decide which cases they will hear Thursday January 15 2015 Statutory Interpretations Many cases before SCOTUS aren t judicial review but statutory interpretation 484 of SCOTUS decisions are interpretations of federal statutes while 363 are invocations of judicial review Jack Peltason 1956 a judge is in the political process and his activity is interest activity not as a matter of choice but of function Holly Farms v NLRB 1996 Agricultural laborers holly farms is involved in raising of chicken and is employees wanted to unionize holly farms said agricultural workers can t unionize NLRB sides with the laborers law describes agricultural laborers as 1 involved in farming including raising poultry 2 practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations court decides they are not farmers and can unionize Smith v United States 1993 Use of weapon John Smith was an aspiring drug dealer makes plan to trade his gun and silencer for drugs guy with drugs is cop arrests smith for trying to buy drugs with intent to distribute Section 024 of the crimes and criminal procedure law requires a mandatory penalty if a person during an in relation to any crime of violence or drug trafficking crime uses or carries a firearm SCOTUS interprets the term use in the broadest term of the word use O Connor gave definition of use Scalia contextualized the word use Court has this dispute
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