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POLS 2311:Final Exam
Declatory Theory
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Judges don't make law, they declare what it always have been
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Do judges have any real discretion or power in Declaratory Theory?
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No, They simply follow the law
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Are judges sometimes called "Oracles" or prophets?
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TRUE
Law -> Judge-> law
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Why Does Declaratory Theory live on?
( 3 Reasons)
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1. The visual presentation and public image of courts and judges.
2.Almost all judges say that declaratory is true.
3. The general public does not want to believe or recognize how much power judges have.
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What is the Political Jurisprudence theory?
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Assumption that judges are political decision makers. They affect the public policy.
Judges are political, have power, and do whatever they want.
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Marbury vs. Madison (1803)
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Jefferson gave orders to Madison not to confirm Marbury as a judge. Marbury sued Madison. tried infront of supreme court----->ruled against Marbury. Very Important U.S case
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Why did Adams and Jefferson hate eachother?
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Both Adams and Jefferson ran for president in the same elections, Jef was Adams VP, didn't see eye to eye at all.
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John Marshall
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- Chief Justice under Adams
- Established principals of judicial review (decide what laws are constitutional)
- Was also sec of State.
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William Marbury
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President Adams named him a justice of the peace for the District of Columbia
Marbury sued James Madison when he learned his appointment would never take place. (Marbury vs. Madison)
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Judiciary Act of 1789
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The SC court can issue Writs of Mandamus
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writs of mandamus
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orders issued by a higher court to a lower court to perform acts required by law
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Should Marshall have heard the Marbury vs.Madison case?
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No, it was unethical.
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Who wins the Marbury vs. Madison Case?
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Marbury loses. But gained the power of Judicial review.
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What is Judical Review
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Power of the court to review the other branches/ levels of government
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What is Original Jurisdiction?
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Court has the power to be the first court to hear a case
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What is appellate Jurisdiction?
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Power to hear a case on appeal. The authority of a court to review decisions of an inferior court.
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What was John Marshall's Opinion?
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1. Marbury deserves his job bc all of the processes had been done.
2. There is a conflict here between federal law and U.S Constitution.
3. The Constitution is the greater power here. Writs is inconsistent of this, get rid of it.
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Alien and Sedition Acts (Alien)
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Says it's a crime to speak out against the federal government.
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what kind of jurisdiction does the supreme court have?
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both, but most commonly appellate
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Was Marbury vs. Madison appellate or original, and what should it have been?
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The case went as appellate, but it wasn't about a state or ambassador, so it should have been original.
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When does the SC court have appellate Jurisdiction?
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When it is about an ambassador or between two states.
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U.S v. Nixon
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Case involving Watergate. Nixon is running for re-election, during this time someone burgalarizes dem hq and they're caught. Congress finds out about Nixon's tapes and asks him to hand them over. He hands over tapes, even though he didn't want to, then he resigns before he can get impeached.
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how long to supreme court justives stay in office?
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life
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Roe vs. Wade
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Case that allows women to get an abortion.
- Texas law had said abortion was illegal.
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How did the SC break up Abortion Decisions?
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into 3 Trimesters
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Whose decision (based on trimester) is an elective abortion?
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1st- the woman & physician
2nd- state may reasonably regulate abortion procedure
3rd- state may prohibit all abortions except those deemed necessary to protect maternal life or health.
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What did Blackmun find out about abortion?
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- Having an abortion in the first trimester is safer than carrying a fetus.
- abortion is more dangerous than carrying a child.
-Pregnancy is viable, a baby can live outside of the womb.
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What is one of the most controversial case of the SC?
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Roe vs. Wade
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Webster vs. Reproductive health services
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George Bush wanted to strike down Roe v. Wade.
There was a tie, so it lived on.
rehnquist told states to pass laws that contradict Roe, so that the case would have to go to the SC again. super unethical.
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Planned Parenthood vs. Casey
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Case came from Pennsylvania. Tried to Bring down Roe vs. Wade again, didn't work.
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why does the Supreme Court make public Policy?
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- They have public policy goals
- Rules of the game allow them to make policy.- it's easier for them to make policy as opposed to the president and congress.
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Why is it easier for SC members to make policy?
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Justices are not electorally accountable- don't have to worry about popularity.
- They lack ambition for other jobs.
- Sc is the highest court.
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What are the two potential checks the president has on the SC?
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- President nominates justices to the SC.
- President enforces or executes SC decisions.
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What powers does congress have?
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- Okay the Justice picked by the pres.
- Congress could propose Constitutional amendments.
-Can eliminate or reduce the SC's appellate jurisdiction
- Can change the size of the SC.
-Can impeach SC jusctices.
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Federlist paper #78
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Explains the Judicial Branch under the Constitution.
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What does the Us Constitution point out about judical branch?
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- The mode of appointing judges.
-the tenure by which they hold their place
- parting of different courts.
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Is the Judiciary during checks and balances be the least dangerous to the rights of the constitution?
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Yes.
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What is the weakest of the three departments?
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Judicary
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Federalist papers say that constitution is fundamental law?
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True, The interpretation of the law is the proper and peculiar province of the courts.
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Did Founding fathers plan for Judical Review>?
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No, it was not written anywhere in the constitution, which made Marbury vs. Madison an important case.
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Marbury vs. Madison- Reading
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Sc was not that powerful back then.
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What was Marshalls train of thought?
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Has the applicant have a right to the commission of demands? If so, does he deserve a remedy?
- signing and stamping of the paper meant he owned the right to be judge.
-Writ of Mandamus should not be needed in SC, since it is appellate Jurisdiction.
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Roe vs. Wade - reading
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Texas said abortion was crime, unless for medical reasons. - this invades a womans right of choice- 14th amendment.
- right of privacy is broad enough to encompass this.
- maternity can physically and mentally harm a woman.
Woman has a decision until a certain point, then the state comes in.
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Dahl Reading
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Politcal power is distributed in US. No single group dictates policy in all cases.
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Homo Civicus
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Child insists on gratification and learns there are restraints by his society. Homo civicus uses resources to execute goals. From here you learn to either use politics or ignore it. Homo civicus by nature is not a political animal.
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Homo Politicus
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Some find political action gratifying. Political man tries to influence civic man.
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Resources
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anything that can be used to say the specific strategies of another individual.
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How many courts must exist?
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Only the Supreme Court, the rest of the lower courts are creatures of congress.
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qualifications for a judge
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good behavior (none)
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When does the first Supreme Court start each year?
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1st Monday in October.
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when does the Supreme court end their year?
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End of June.
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How many cases are appealed to the Supreme court every year?
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10,000
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Cases heard by supreme court (original jurisdiction)
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-2 or more states
-U.S and a state
-foreign ambassadors and other diplomats
-a state and a citizen of a different state (if initiated by a state)
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How many cases are heard by the supreme court through Original jurisdiction?
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5-Mar
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How many cases does the Supreme court hear per year?
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75
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Who writes the opinion?
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--When the chief justice has voted with the majority, (s)he assigns someone in the majority to write the opinion
--When the chief justice is in the minority, the most senior associate justice among the majority assigns one that side to write the majority opinion
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Why do they pick these 75 cases?
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They pick what they think are the most important cases. "For want of a substantial federal question. "
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Rule of 4
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4 justices want to hear a case, then they do
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What happens once your case has been chosen to be heard?
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-You send them a longer brief, with much more detail.
- They invite you to D.C for an oral argument.
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oral argument
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each side is given 30 minutes to talk. sometimes justices ask questions and add comments
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When do they announce the winner of the case?
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After the opinion is written.
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Who is allowed in the conference room?
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only the 9 justices
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The Power Elite/Reading/C. Writght Mills…Contd
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Triangle of power
Military, Economic, Political- in capitalism the people in these positions are on the top.
Wiki:
a military definition of reality; the military metaphysic
recognizing themselves separate and superior to the rest of society;
possess class identity
they move within and between the three institutional structures and hold interlocking directorates; have interchangeability
Socialization of prospective new members is done based on how well they "clone" themselves socially after such elites.
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scope and bias of the pressure system
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common interests, community shares and interest. Special interest, interests shared by only a few people. Pressure system, special interest groups that are exclusive.
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Which of the following best summarizes theargument of E.E. Schattschneider in the scope and bias of the pressure system?
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interest group politics advances private interest over the public welfare, and does so in a manner that advantages the upper classes.
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How does the constitution establish the Judicary branch?
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As a seperate and independent branch of the federal government.
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how many Supreme court justices are there?
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9
One chief justice and 8 associates
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Jurisdiction
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authority to hear cases of a particular type.
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With regard to the lower courts, the Supreme Court's primary responsibility is
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establishing legal precedents that will guide their decisions.
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Precedent
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Judicial decision that serves as a rule for settling cases in a similar nature.
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Writ of Centrori
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Request to the lower to submit to the SC a record of the case. -- if they want to hear your case
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Solicitor general
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Highest ranking Justice department offical.
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brief
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a formal legal document prepared by a party's attorney and submitted to an appellate court when a case is appealed
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Decision
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Indicates which party the SC supports and by how much
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Opinion
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Explains legal basis for decision.
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Plurality decision
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Presents the view helf by most of the jusctices who vote with the winning side.
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Majority opinion
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Majority of the justices agree on the basis of a decision.
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Concurring opinion
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a seperate view written by a justice who votes with the majority but disagree with it's reasoning
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Dissenting opinion
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justices on losing side explains the resoning for disagreeing with majority.
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How many federal courts are there?
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94
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How many courts of appeal does the US have?
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13
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Special Courts
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have jurisdiction over cases in a particular area of Federal Law
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What are the ways a state can appoint their judges?
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- Govenor can appoint.
-competitive elections.
- merit plan.
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Competitive elections
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Partisan/ non Partisan elections
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Merit plan
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gov appoints judge from a short list of candidates provided by a judical selection commision. After the judge has served for a year, voters can vote on he stays.
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sentatorial courtesy
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selection of lower fed judges deference show to home state senators who are of same party as president
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fact
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Relevant circumstances of a legal dispute or offense.
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Judiciary between three main sources of law
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-Constitution
-Legislative statutes
-legal precedents
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statutory
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laws made by the legislative branch, "written" law
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Administrative Law
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The body of law that governs the activities of administrative agencies of government.
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Are judges more responsive to public opinion as compared to elected officals?
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No.
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Originalism theory-
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Constituion should be interpreteted in a way that would it have been when it was written.
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Living constitution theory-
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Constitution is an adaptable instrument, it should be interpreted in the light of changing circumstances.
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Judicial restraint
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Judges should defer to precedent and decisions made by legislature.
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Judicial Actvism-
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Judges should actively interpret the constitution and should intervene when elected representatives fail to act with principles.
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representative sample-
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a sample that represents all different types of people.
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How many people do they have to survey to get an accurate poll?
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1,000 ppl.
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Political socialization
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the process by which people acquire their political opinions, beliefs and values.
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How do you pick up your political beliefs?
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1. You read a lot about politics
- you become political because of your surroundings or people you've met.
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Party Identification.
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The party that people feel connected to.
- This tends to match your parents view point
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Is party identification decreasing in the US?
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yes. more and more ppl are saying they are independent.
Independent are the least informed and thats why they're independent.
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straight button
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straight one party voters, vote for all dem or repub if that's what you are.
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Political efficacy
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Trusting the governent.
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Why do ppl trust the government?
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They believe they can influence the government.
- the government can solve or deal with their problems.
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Political participation
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Voting - 60%
Congressional- 40 %
Local- 10-20 %
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participation paradox
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why do ppl show up to vote, it's unnatural.
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Why do people participate?
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- When they value participation or feel a duty to participate.
-When costs are low, and it's easy to participate.
-When they believe thier participation will make a difference.
- when the outcome is so valuable or great, that the slightest chance of it occuring is worth it.
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Public opinon
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politcally relevant opinions held by ordinary citizens that they express openly.
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Agents of socialization
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political socialization takes place through here, primary and secondary agents.
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Primary agents
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interacts closely and regularly with the indivdual, early in life.
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Secondary agent-
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less intimate connection. More important later on in life.
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What are primary agents ?
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Family, school, religious organizations.
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What are secondary agents?
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Mass media, authority figures, friends.
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Generational affect
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the influence of water-shed events on the political event of younger citizens.
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Selective perceteption-
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Process where people selectively choose from incoming info. aspects that support what they believe.
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Ideology
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General belief about the role and purpose of government.
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Economic liberals
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belief that goverment shoud use its powers to helpthe economically disadvantaged.
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Economic conservatives
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gov should leave the distribution of economic to the workings of the free market.
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Cultural liberals
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leave lifestyle choices to the individual
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culutral conservatives
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gov to promote tradtional values.
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populist
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individual who is an economic liberal and a cultural conservative.
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libertarian
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gov should refrain from the economic market and people privates lifes
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Group orientations
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religion, economic classm region, race, gender and age.
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Cross cutting group-
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each group includes individuals who also belong to other groups.
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information cacoons-
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increased tendency of americans to interact with like minded associates and like minded information.
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sampling error-
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degree to which the sample estimates might differ from what the population actually thinks.
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Laura
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(noun) A butt hurt girl who wishes she had swag.
Ex. Brenda was being such a Laura after she got rejected.
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Registered-
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name must appear on a list of eligible voters.
- began in 1900's to make sure people voted only once.
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Voter Identification card
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enacted laws requiring citizens to have a gov issued ID to vote. Was supposed to stop voter fraud.
this stopped low income ppl from voting.
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Why some people vote and others dont?
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education and income, age, civic attitudes.
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Alienation
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feeling of powerlessness, that the gov pays no attention to their interests.
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Civic duty-
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belief that they aught to participate in public affairs.
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Other ways to be politcally active?
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voting, campaining, giving money, online participation.
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Social capital-
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the sum of face to face civic interactions among citizens in a society.
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social movements ( political movement)
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a way for cizitens disenchanted with go policy to express their opposition.
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Tea party
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expressing opposition of high taxes
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Occupy wall street
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angry at the governments bailout of the financial industry and it's failure to hold bankers accountable in their role in the country's financil crisis.
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Elitism vs. Pluralism
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Elitism: only the most powerful or the richest of people in the U.S. rule government.
Pluralism: there are just the right amount of interest groups by the people who participate in government and make the government run well on its own.
The U.S. currently operates on...it depends on which way you look at it.
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Who's in the power elite?
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military officials, corporate leaders, few political leaders.
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How did the triangle form?
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- historical events brought them together.
- congress and political powers have left a vacuum of power over the years.
- people in this triangle are quite similar.
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