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9 Cards in this Set
- Front
- Back
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Most important power of the court?
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Judicial Review. Court took this power in Marbury v Madison
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Marbury v Madison
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When the democrat republicans took office, federalists wanted to fill the judiciary with federalists. Adams appoints many people to leave federalist imprint. Marbury appointed, letter never sent. Jefferson decided not to send it. Supreme Court rules that although Jefferson should have sent the letter, writ of mandamus is unconstitutional. power of judicial review is born.
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Types of courts?
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District Courts---> Courts of Appeals----> Supreme Court
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Judges are accountable to:
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personal policy preferences, logrolling, president opposition, the constitution, and the law
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What dictates how to decide a case?
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The law and the law alone
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The Legal Model
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Judges are mere instruments/experts who read the law dispassionately and decide. Taught widely in law school. Look for plain meaning
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Attitudinal Model
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Assumes that judges have attitudes about things . Evidence: judges vote consistently and predictably.
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Strategic Model
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Goal is to win in court and outside court. Justices then compromise to get as close to their preferred outcome as possible. As evidenced by Blackmun's papers.
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Criteria in nominating a justice
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How will they vote?
Reward for past service Build Political Alliances |
