Govt 2302 Essays

Govt 2302 Essays Govt 2302 Paper Govt 2302 Paper HAPTER 12 The Judiciary Chapter Focus The purpose of this chapter is to describe the policy-making role of the federal judiciary, in particular that of the Supreme Court. To appreciate the significance of this role, students need basic knowledge about the history of the Supreme Court, the structure and procedures of the federal courts, the nature of controversy over the courts, and the restraints on judicial policy making. After reading and reviewing the material in this chapter, you should be able to do each of the following: 1. Discuss the meaning and significance of judicial review and its relationship to Marbury v. Madison. 2. List and comment on the three eras of varying Supreme Court influences on national policy from the days of slavery to the present. 3. Describe the partisan influences on federal judicial appointments. 4. Describe how the nature of federalism affects the jurisdiction of federal and state courts. 5. Discuss the ways in which cases can get to the Supreme Court. 6. Describe the financial and non-financial obstacles of getting into federal court. 7. Explain how political scientists classify justices as liberal or conservative and why they do so. 8. Enumerate four measures of judicial power and describe how judicial power can be restrained by Congress and by public opinion. 9. Develop arguments for and against an activist Supreme Court. 10. Explain the relationship between public and the courts. Study Outline I. Introduction A. Courts in the United States play a major role in policy making 1. Due to judicial review: right to declare acts and laws unconstitutional 2. Since 1789, Supreme Court has ruled over 100 laws unconstitutional 3. In Great Britain, no judicial review in American sense, but parliamentary supremacy B. : Controversy is over method of judicial review 1. Strict constructionist (conservative philosophy today) 2. Activist approach (liberal philosophy today) II. The Development of the Federal Courts A. Introduction 1. Founders did not expect a major policy role for the federal courts 2. Traditional view: judges find and apply existing law 3. Evolution of courts shaped by political, economic, and ideological forces B. National supremacy and slavery (1789–1865) 1. Marbury v. Madison- established doctrine of judicial review (see the â€Å"Marbury v. Madison† box) 2. McCulloch v. Maryland: federal law declared supreme over state law 3. Dred Scott v. Sandford: blacks were not, and could not become, free 4. Interstate commerce clause is placed under the authority of federal law C. Government and the economy (1865–1937) 1. Dominant issue of the period: whether the economy could be regulated by state and federal governments 2. Private property held to be protected by the Fourteenth Amendment 3. Courts unsure of how to draw line between â€Å"reasonable† and â€Å"unreasonable† regulation 4. The Court interpreted the Fourteenth and Fifteenth Amendments narrowly as applied to blacks D. The protection of political liberty and economic regulation (1937–present) 1. Supreme Court gave regulatory powers to legislatures 2. Voided congressional acts that violate personal liberties 3. Court-packing plan shifts interpretation III. The Structure of the Federal Courts A. Only federal court mandated by Constitution is Supreme Court 1. Congress has created constitutional courts- district Courts (94), courts of appeals (12), plus other specialized courts (e. . , Court of International Trade) 2. Legislative courts- specialized purpose, fixed office terms for judges (e. g. , Court of Military Appeals and other territorial courts) B. Recent court nominations 1. Bush administration nominees 2. Filibustering by Senate democrats C. Supreme Court appointments are partisan 1. Nominated by president, confirmed by Senate (only five rejected during the twentieth century) 2. Presidents cann ot be sure how a judge will behave after appointment 3. Presidents can tilt Court ideologically D. Lower federal courts 1. Senatorial courtesy† checks presidential control in district court nominations 2. Comparison of Carter and Reagan appointments: number of women and blacks 3. Democratic and Republican judges differ in voting, but ideology usually does not influence decisions IV. The Jurisdiction of the Federal Courts (see the â€Å"Jurisdiction of the Federal Courts† box) A. Dual court system 1. Federal jurisdiction: Article III and the Eleventh Amendment- involve â€Å"federal question† cases, diversity of citizenship cases 2. Federal District Court handles federal criminal laws 3. Appeal from a federal regulatory agency goes to U. S. Court of Appeal 4. Only Supreme Court handles disputes between two state governments 5. Vast majority of all federal cases begin in district courts 6. Gideon case illustrates how lower court’s appeal can be influential B. Appeals to the Supreme Court 1. Certiorari- main route involving substantial federal questions 2. Courts of appeal usually last word V. Getting to Court A. Deterrents 1. The Court rejects 95 percent of applications for certiorari 2. High costs of appeal (pauper writs) B. Fee shifting . Each party must pay cost of lawsuit 2. Fee shifting allows plaintiff to collect costs from defendant 3. Flood of Section 1983 lawsuits C. Standing 1. Must be controversy between adversaries 2. Personal harm must be demonstrated 3. Being taxpayer not entitlement for suit 4. Sovereign immunity, but government can waive D. Class-action suits 1. Brought on behalf of all similarly situated- Brown v. Board of Education 2. Financia l incentives to bring suit; Congress not addressing issues; profitable for lawyers 3. Need to notify all members of the class since 1974 VI. The Supreme Court in Action A. Oral arguments by lawyers 1. Questions by justices 2. Role of solicitor general 3. Amicus curiae briefs influence as well as legal periodicals B. Conference procedures 1. Role of chief justice 2. Selection of opinion writer 3. Opinions- per curiam, unanimous, majority, concurring, or dissenting C. Voting behavior 1. Blocs on Court are predictable 2. Three blocs: liberal, conservative, and swing VII. The Power of the Courts A. The power to make policy 1. By interpretation 2. Importance of stare decisis, or precedent, but court will change mind 3. Court’s willingness to deal with â€Å"political questions† 4. Judicial â€Å"remedies†- may affect thousands or even millions of people B. Views of judicial activism 1. Courts are last resort and correct injustices 2. Courts lack expertise in particular 3. Court is not accountable to the people; judges not elected C. The causes of activism 1. U. S. has more lawyers, but a symptom not a cause 2. American adversary culture 3. Easier for people to get into court 4. Vague congressional language requires judicial interpretation 5. Reviewing regulatory agency decisions 6. Belief of many judges/law professors that courts should make policy VIII. Checks on Judicial Power A. Court decisions can be resisted, since courts cannot enforce B. Congress and the courts 1. Alter the composition of the judiciary 2. Confirmation and impeachment proceedings 3. Changing the number of judges 4. Revising legislation declared unconstitutional 5. Altering jurisdiction of the courts 6. Constitutional amendment C. Public opinion and the courts 1. Opinion can both restrain and energize the courts 2. Supreme Court most powerful when parties have been weak or divided 3. Opinion may object to decisions but not to court as institution 4. Opinion of courts vary with support of government as a whole Key Terms Match Match the following terms and descriptions. Set 1 |1. _____ Describes when a president has attempted to appoint his |a. activist | |type of judges to the Court in order to secure a majority. |b. amicus curiae brief | |2. _____ A means by which one who has an interest in a case, but |c. briefs | |is not a litigant, can present views. d. class-action suit | |3. _____ A means by which one who has been injured can bring |e. recess appointment | |action on behalf of all similarly situated. |f. constitutional courts | |4. _____ The power of the courts to determine the |g. courts of appeal | |constitutionality of legislative and executive acts. |h. dissenting opinion | |5. ____ Litigation in which a citizen of one state sues a |i. Dred Scott | |citizen of another state and the amount of money in dispute is |j. diversity case | |more than $50,000. |k . Federalist No. 78 | |6. _____ A court established under Article III of the |l. †packing the court† | |Constitution. |m. in forma pauperis | |7. _____ An approach to judicial review which holds that judges |n. udicial review | |should discover the general principles underlying the |o. American rule | |Constitution. |p. Marbury v. Madison | | |q. McCulloch v. Maryland | | | | | | | |8. ____ Correlates with the thoughts of the Founding Fathers | | |that the courts would play a relatively neutral-passive role in | | |public affairs. | | |9. _____ Intermediate appellate courts of the federal judiciary | | |which have been classified â€Å"constitutional courts† by Congress. | | |10. ____ Describes how in America each party to a lawsuit must | | |pay its own way. | | |11. _____ A petition filed with the U. S. Supreme Court by a | | |pauper. | | |12. _____ Considered one of the most disastrous judicial opinions| | |ever issued- declaring the Missouri Compromise unconstitutional. | | 13. _____ Legal documents submitted by lawyers which set forth | | |the facts of a case. | | |14. _____ A decision of the Supreme Court which interpreted the | | |Constitution to give the Supreme Court the power to declare an | | |act of Congress unconstitutional. | |15. _____ A decision of the Supreme Court which held that the | | |power of the federal government flows from the people and that | | |federal law is supreme over state law. | | |16. _____ A judicial appointment made by a president while the | | |Congress is not in session. | | |17. ____ This is an opinion of one or more justices of the | | |Supreme Court on the losing side. | | Set 2 |1. _____ Known as the school desegregation case. |a. Opinion of the Court | |2. _____ Set the precedent that all accused persons in state as |b. per curiam opinion | |well as federal criminal trials be supplied with a lawyer, free if |c. Gideon case | |necessary. d. remedy | |3. _____ A landmark case dealing with reverse discrimination. |e. senatorial courtesy | |4. _____ A tradition under which the Senate will defer to the |f. Brown v. Board of Education | |judgment of a senator of the president’s party when determining the|g. sovereign immunity | |suitability of candidates for federal judgeships from the senator’s|h. Bakke case | |state. i. stare decisis | |5. _____ An example of a legislative court where terms are fixed |j. strict constructionism | |and justices can be removed or have their salaries reduced. |k. voting blocs | |6. _____ The rule of precedent. |l. Court of Military Appeals | |7. _____ Groups of justices on the Supreme Court who tend to take | | |consistent positions on issues. | |8. _____ This is a judicial order setting forth what must be done | | |to correct a situation a judge believes to be wrong. | | |9. _____ An approach to judicial review which holds that judges | | |should confine themselves to applying those rules that are stated | | |in or clearly implied by the language of the Constitution. | |10. _____ The doctrine that a citizen cannot sue the government | | |without its consent. | | |11. _____ This is a brief, unsigned opinion of the Supreme Court. | | |12. _____ This is the written opinion of the Supreme Court’s | | |majority. | | Did You Think That . . . ? A number of misconceptions are listed below. You should be able to refute each statement in the space provided, referring to information or argumentation contained in this chapter. Sample answers appear at the end of the Study Guide. 1. â€Å"The Framers expected the Supreme Court to play the large role that it subsequently has played. †

Biography of William Walker, Yankee Imperialist

Biography of William Walker, Yankee Imperialist William Walker (May 8, 1824–September 12, 1860) was an American adventurer and soldier who served as president of Nicaragua from 1856 to 1857. He tried to gain control over most of Central America  but failed and was executed by firing squad in 1860 in Honduras. Fast Facts: William Walker Known For: Invading and taking over Latin American countries (known as filibustering)Also Known As: General Walker; the grey-eyed man of destinyBorn: May 8, 1824 in Nashville, TennesseeParents: James Walker, Mary NorvellDied: September 12, 1860 in Trujillo, HondurasEducation: University of Nashville, University of Edinburgh,  University of Heidelberg, University of PennsylvaniaPublished Works: The War in Nicaragua Early Life Born into a distinguished family in Nashville, Tennessee, on May 8, 1824, William Walker was a child genius. He graduated from the University of Nashville at the top of his class at the age of 14. By the time he was 25, he had a degree in medicine and another in law and was legally allowed to practice as both a doctor and lawyer. He also worked as a publisher and journalist. Walker was restless, taking a long trip to Europe and living in Pennsylvania, New Orleans, and San Francisco in his early years. Although he stood only 5-foot-2, Walker had a commanding presence and the charisma to spare. The Filibusters In 1850, Venezuelan-born Narciso Lopez led a group of mostly American mercenaries in an assault on Cuba. The goal was to take over the government and later attempt to become part of the United States. The state of Texas, which had broken off from Mexico a few years before, was an example of a region of a sovereign nation that had been taken over by Americans before gaining statehood. The practice of invading small countries or states with the intention of causing independence was known as filibustering. Although the U.S. government was in full expansionist mode by 1850, it frowned on filibustering as a way to expand the nations borders. Assault on Baja California Inspired by the examples of Texas and Lopez, Walker set out to conquer the Mexican states of Sonora and Baja California, which at that time were sparsely populated. With only 45 men, Walker marched south and promptly captured La Paz, the  capital of Baja California. Walker renamed the state the Republic of Lower California, later to be replaced by the Republic of Sonora, declared himself president, and applied the laws of the State of Louisiana, which included legalized slavery. Back in the United States, word of his daring attack had spread. Most Americans thought Walkers project was a great idea. Men lined up to volunteer to join the expedition. Around this time, he got the nickname the gray-eyed man of destiny. Defeat in Mexico By early 1854, Walker had been reinforced by 200 Mexicans who believed in his vision and another 200 Americans from San Francisco who wanted to get in on the ground floor of the new republic. But they had few supplies, and discontent grew. The Mexican government, which could not send a large army to crush the invaders, nevertheless was able to muster up enough of a force to skirmish with Walker and his men a couple of times and keep them from getting too comfortable in La Paz. In addition, the ship that had carried him to Baja California sailed off against his orders, taking many of his supplies with it. In early 1854, Walker decided to roll the dice and march on the strategic city of Sonora. If he could capture it, more volunteers and investors would join the expedition. But many of his men deserted, and by May he had only 35 men left. He crossed the border and surrendered to American forces there, never having reached Sonora. On Trial Walker was tried in San Francisco in federal court on charges of violating United States neutrality laws and policies. Popular sentiment was still with him, however, and he was acquitted of all charges by a jury after only eight minutes of deliberating. He returned to his law practice, convinced that he would have succeeded with more men and supplies. Nicaragua Within a year, Walker was back in action. Nicaragua was a rich, green nation that had one great advantage: in the days before the  Panama Canal, most shipping went through Nicaragua along a route that led up the San Juan River from the Caribbean, across Lake Nicaragua and then overland to the port of Rivas. Nicaragua was in the throes of a civil war between the cities of Granada and Leon to determine which city would have more power. Walker was approached by the Leon faction- which was losing- and soon rushed to Nicaragua with some 60 well-armed men. Upon landing, he was reinforced with another 100 Americans and almost 200 Nicaraguans. His army marched on Granada and captured it in October 1855. Because he was already considered supreme general of the army, he had no trouble declaring himself president. In May 1856, U.S. President  Franklin Pierce  officially recognized Walkers government. Defeat in Nicaragua Walker had made many enemies in his conquest. Greatest among them was perhaps  Cornelius Vanderbilt, who controlled an international shipping empire. As president, Walker revoked Vanderbilts rights to ship through Nicaragua. Vanderbilt was enraged and sent soldiers to oust him. Vanderbilts men were joined by those of other Central American nations, chiefly Costa Rica, who feared that Walker would take over their countries. Walker had overturned Nicaraguas anti-slavery laws and made English the official language, which angered many Nicaraguans. In early 1857 the Costa Ricans invaded, supported by Guatemala,  Honduras, and El Salvador, as well as Vanderbilts money and men. Walkers army was defeated at the Second Battle of Rivas, and he was forced to return once again to the United States. Honduras Walker was greeted as a hero in the U.S., particularly in the South. He wrote a book about his adventures, resumed his law practice, and began making plans to try again to take Nicaragua, which he still believed to be his. After a few false starts, including one in which U.S. authorities captured him as he set sail, he landed near Trujillo, Honduras, where he was captured by the British Royal Navy. Death The British already had important colonies in Central American in British Honduras, now Belize, and the Mosquito Coast, in present-day Nicaragua, and they did not want Walker stirring up rebellions. They turned him over to Honduran authorities, who executed him by firing squad on Sept. 12, 1860. It is reported that in his final words he asked for clemency for his men, assuming the responsibility of the Honduras expedition himself. He was 36 years old. Legacy Walkers filibusters had a significant impact on southerners interested in maintaining slave-owning territory; even after his death, his example inspired the Confederacy. Central American countries, by contrast, saw their defeat of Walker and his armies as a source of pride. In Costa Rica, April 11 is celebrated as a national holiday to commemorate Walkers defeat at Rivas. Walker has also been the subject of several books and two movies. Sources The Editors of Encyclopaedia Britannica. â€Å"William Walker.† Encyclopà ¦dia Britannica, 1 Mar. 2019.Levrier-Jones, George. â€Å"Man of Destiny: William Walker and the Conquest of Nicaragua.† History Is Now Magazine, 24 Apr. 2018.Norvell, John Edward, How Tennessee Adventurer William Walker became Dictator of Nicaragua in 1857: The Norvell Family origins of the Grey-Eyed Man of Destiny, The Middle Tennessee Journal of Genealogy and History, Vol XXV, No.4, Spring 2012