the judiciary “justice” dual court system larger or smaller role than other nations???

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THE JUDICIARY

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Page 1: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

THE JUDICIARY

Page 2: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

“JUSTICE”

Page 3: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

DUAL COURT SYSTEM

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LARGER OR SMALLER ROLE

THAN OTHER NATIONS???

Page 5: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

FOUNDERS IDEA??SMALL ROLE…

Page 6: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

DON’T EVEN ASK…

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BUT, IF YOU MUST…

Page 8: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

STRICTCONSTRUCTIONIST

VS.ACTIVIST (LOOSE)

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ORIGINALIST

VS.

“LIVING DOCUMENT”THEORY

Page 10: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

NOT THE SAME ASLIBERAL/DEM.

VS. CONSERVATIVE/REP.

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1ST AMENDMENT2ND AMENDMENT

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JURISDICTIONJURISDICTION(“RIGHT TO SAY”)(“RIGHT TO SAY”)

Page 13: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

ORIGINALVS.

APPELLATE

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FEDERAL FEDERAL COURTSCOURTS

(LIMITED)(LIMITED)

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FEDERAL FEDERAL QUESTIONSQUESTIONS(Constitution)(Constitution)

AND AND DIVERSITYDIVERSITY

CASESCASES(state issues)(state issues)

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STATE COURTSSTATE COURTS

(GENERAL)(GENERAL)

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EVOLUTION OF THE COURTS

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THREE ERAS

Page 19: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

1787 TO 1865*LEGITIMACY

*SLAVERY

Page 20: THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

THE M&M CASES

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MARBURY V.

MADISON1803

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JUDICIAL REVIEWM v. M (1803)

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McCULLOCHV.

MARYLAND1819

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NATIONAL SUPREMACY

AND

THE ELASTIC CLAUSE“NECESSARY AND

PROPER”

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DRED SCOTTV.

SAN(D)FORD1857

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AMENDMENTS(13-14-15)

DUPE(INCORPORATION)

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1865 TO 1937*ECONOMY

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REGULATION OF COMMERCE?

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THE COMMERCE

CLAUSE!!!

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THE COMMERCE

CLAUSE!!

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THE COMMERCE

CLAUSE!!

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THE COMMERCE

CLAUSE!!

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1938 TO PRESENT*CIVIL LIBERTIES

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TODAY’S ERA?INTERNETGUN SALES

ABORTION RIGHTS MARRIAGE

“OBAMACARE”

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COURT STRUCTURE 94-12-1

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SELECTING JUDGES

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PRES.-APPOINTSSENATE-CONFIRMS

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FDR-1936 REELECTION

“COURT PACKING”

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SENATORIAL COURTESY

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“BLUE SLIP”

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LITMUS TEST(KEY ISSUES?)

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GETTING TO THE GETTING TO THE SUPREME COURTSUPREME COURT

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“STANDING”

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WRIT OF CERTIORARI (RULE OF 4)

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1%-2%

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ROLE OF LAW CLERKS

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IN FORMA PAUPERIS

(GIDEON V. WAINWRIGHT – 1963)

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FEE SHIFTING

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CLASS-ACTION SUITS

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BROWN V. B.O.E. “separate but equal”

(1954)

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PLESSY v. FERGUSON -1896

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“WITH ALL DELIBERATE SPEED…

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SCHOOL EQUALITYTODAY???

SOLON H.S.HUDSON H.S.

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AMICUS CURIAE BRIEF

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COURT OPINIONSCOURT OPINIONS

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MAJORITY OPINION

9-0, 8-1, 7-2, 6-3, 5-4

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CONCURRING OPINION

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DISSENTING OPINION

(MINORITY)

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“STARE DECISIS”“let the decision stand”

(PRECEDENT)

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REMEDY

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ENFORCEMENT POWER IS LOW

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CHECKS ON THE CHECKS ON THE COURTSCOURTS

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CONFIRMATION

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IMPEACHMENT (15)

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(JURIS)(DICTION)“the right to speak the law”

CHANGES

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QUALITIES OF A JUDGE

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TODAY’S COURT

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JOHN ROBERTS(George W. Bush)

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ANTONIN SCALIA(Ronald Reagan)

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ANTHONY KENNEDY(Ronald Reagan)

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CLARENCE THOMAS(George HW Bush)

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RUTH BADER GINSBURG(Bill Clinton)

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STEPHEN BREYER(Bill Clinton)

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SAMUEL ALITO(George W. Bush)

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SONIA SOTOMAYOR(Barack Obama)

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ELENA KAGAN(Barack Obama)

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APPOINTEES…

• G.W. BUSH – 2• G.H.W. BUSH – 1• REAGAN – 2• CLINTON – 2• OBAMA - 2

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AGES…• 51• 57• 57• 61• 63

• 73• 75• 75• 78• ave.=65.6

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DEFINITION OF “JUSTICE”