a) Judicial review is the ability of the Supreme Court to rule on the constitutionality of laws.
b) Judicial review is a form of checks and balances because it allows the Supreme Court to make legislative or executive actions irrelevant or to alter them by declaring laws, executive orders, or other actions unconstitutional and therefore no longer applicable.
c) A writ of certiorari is a decision by the supreme court to hear an appeal from a lower court. In order to grant this writ, four Supreme Court Justices must agree to hear the case.
d) Stare decisis is the principle that judges must rule in accordance with the precedent set by judges in previous cases. This means that Justices must use the precedent set by former Justices in making their decision regardless of their personal feelings on the case. Judicial activism, on the other hand, is the idea that Justices sometimes make rulings based on their personal opinions or feelings about a case rather than based on existing law. Judicial activism may affect a Justice's decision as he or she considers the effects his or her choice may have in the long term and the ramifications of their decisions in terms of setting a future precedent.
Tuesday, March 12, 2013
Tuesday, March 5, 2013
H3
a) Three factors that influence Supreme Court nominations are political ideology, race and/or gender, and age.
b) Presidents almost always nominate justices who share their political beliefs so that their interests will be supported in the Supreme Court. In addition, Presidents often want a more diverse court in order to better represent the American people at large and so choose justices who come from a variety of backgrounds, and are different races and genders. Finally, Presidents want the justice they appoint to have influence for as long as possible and so sometimes appoint younger justices that will remain on the Supreme Court long after the President has left office.
c) Justice Kagan fits all of these characteristics. She is left-leaning, which is in line with President Obama's political ideology. She is a woman, which gives her a different perspective from the usual old white men of the Supreme Court and she is the youngest member of the court which ensures her lasting influence.
a) Interest groups can attempt Supreme Court appointments through providing information to the American public and by lobbying members of Congress.
b) Providing information about Justice nominees to the public can convince constituents to either support or to not support a nominee. These constituents can then put pressure on their Congressmen to either confirm or deny that nominee. The representative will most likely follow the wishes of his constituents as he probably wishes to be reelected. Interest groups can also cut out the middle man by lobbying members of Congress directly. Interest groups often have considerable sway in government and they can put this power to use by offering incentives or convincing representatives to support their interests when voting on whether or not to confirm a Justice nominee.
c) Interest groups exerted their influence in the confirmation process for Kagan. NARAL Pro Choice America appealed to American citizens as they pushed a pro-women agenda in association with Kagan's appointment leading to the highest number of women ever to be on the Supreme Court. Conservative groups such as Americans United for Life are raising money to stop Kagan from being confirmed as they see her as a threat to their anti-abortion stand.
b) Presidents almost always nominate justices who share their political beliefs so that their interests will be supported in the Supreme Court. In addition, Presidents often want a more diverse court in order to better represent the American people at large and so choose justices who come from a variety of backgrounds, and are different races and genders. Finally, Presidents want the justice they appoint to have influence for as long as possible and so sometimes appoint younger justices that will remain on the Supreme Court long after the President has left office.
c) Justice Kagan fits all of these characteristics. She is left-leaning, which is in line with President Obama's political ideology. She is a woman, which gives her a different perspective from the usual old white men of the Supreme Court and she is the youngest member of the court which ensures her lasting influence.
a) Interest groups can attempt Supreme Court appointments through providing information to the American public and by lobbying members of Congress.
b) Providing information about Justice nominees to the public can convince constituents to either support or to not support a nominee. These constituents can then put pressure on their Congressmen to either confirm or deny that nominee. The representative will most likely follow the wishes of his constituents as he probably wishes to be reelected. Interest groups can also cut out the middle man by lobbying members of Congress directly. Interest groups often have considerable sway in government and they can put this power to use by offering incentives or convincing representatives to support their interests when voting on whether or not to confirm a Justice nominee.
c) Interest groups exerted their influence in the confirmation process for Kagan. NARAL Pro Choice America appealed to American citizens as they pushed a pro-women agenda in association with Kagan's appointment leading to the highest number of women ever to be on the Supreme Court. Conservative groups such as Americans United for Life are raising money to stop Kagan from being confirmed as they see her as a threat to their anti-abortion stand.
Monday, March 4, 2013
H1
Justice Anthony Kennedy and Abortion
Justice Kennedy ruled with the support of the Pro-Choice movement and continued the ban on D&X, or partial birth abortions.
Partial birth abortions are used to abort a pregnancy, by fully removing the intact fetus, after the first trimester.
Some argue that this decision goes against the precedent set in Roe v. Wade.
In 2000 0.17% of all abortions were done by D&X procedure.
Some pro-choice supporters want to allow abortion because of the countless health complications that can arise from illegal and botched abortions.
Much of the pro-life movement stems from churches and religious communities, the author points out the Catholic Church and Protestant evangelicals.
Gonzales vs. Carhart, according to the author, undermines women's rights and takes U.S. law back to a view of women as mothers and wives first and foremost.
Justice Kennedy ruled with the support of the Pro-Choice movement and continued the ban on D&X, or partial birth abortions.
Partial birth abortions are used to abort a pregnancy, by fully removing the intact fetus, after the first trimester.
Some argue that this decision goes against the precedent set in Roe v. Wade.
In 2000 0.17% of all abortions were done by D&X procedure.
Some pro-choice supporters want to allow abortion because of the countless health complications that can arise from illegal and botched abortions.
Much of the pro-life movement stems from churches and religious communities, the author points out the Catholic Church and Protestant evangelicals.
Gonzales vs. Carhart, according to the author, undermines women's rights and takes U.S. law back to a view of women as mothers and wives first and foremost.
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