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. †

Philadelphia Freedom Award- Fredrick Douglass essays

Philadelphia Freedom Award- Fredrick Douglass essays Philadelphia, July 3, 2002- As a student that has much to achieve in life, I believe that this years Freedom Award should be Awarded to Fredrick Douglass. Fredrick Douglass individualism and heroism reminded me of the self-reliance piece. Douglass was born into slavery and turned his life into something great for the future to observe. Douglas felt that slavery was unacceptable in his as well as in America. He used this unacceptability as a driving force to educate himself and to become free. As, a black man of his time, Fredrick Douglass was able to read and write which made him a very influential person. Fredrick Douglass was known as the African- American who did it all. Douglass was born a slave in Tuckahoe, Maryland, and spent his adolescence as a houseboy in Baltimore. He escaped to Massachusetts, were he began a career as an abolitionist after giving an important speech at an antislavery convention. Douglas did much through his travel to protest slavery. Douglass used his skills over the years to lecture in the northern star against slavery. He also helped slaves escape to the North while working with the Underground Railroad. Douglass established the abolitionist paper The North Star on December 3, 1847, and also developed it into the most popular, influential black antislavery paper published during the antebellum era. The North Star was used to not only denounce slaver, but to fight for the women and other oppressed groups. The North Star reached up to 4,000 readers in the United Sates, Europe, and the West Indies. The North Star merged with the Liberty Party Paper of Syracuse, and renamed his paper to Fredrick Douglass Paper. Douglass devoted the next three year of his life after this exciting event in publishing and abolitionist magazine called Douglass Monthly. A weekly established in Washington, D.C. to serve former slaves. He renamed this magazine to The New National Era., and published it unt...

Network security Essay Example | Topics and Well Written Essays - 2000 words

Network security - Essay Example There is a requirement of a powerful vulnerability assessment and management tool that will facilitate the network security team in crises situations. Moreover, there is one more challenge for the network administrators i.e. they are not able to find traces for the threat that has already penetrated into a distributed network environment. Likewise, distributed network is a merger of two or more networks and may be operational on a broad spectrum. Moreover, the existing network security controls are not capable to detect the worm, as the distributed network is connected to one or more networks; it is difficult to analyze specific anomalies and patterns of unknown activity on the distributed network. Furthermore, the combination of infinite data packets can construct a major impact on the network because they all have the same frequency and are associated with the same domain that is similar to the current scenario. For addressing this issue, powerful vulnerability detection and assess ment tools are required for detecting threats on a distributed network. ... Moreover, these tools will also facilitate to categorize data packets in to time and frequency domains distinctly. Furthermore, network administrators can also implement a methodology, subset of the current methodology, which is called as anomalous space extraction based on predictions of network traffic or transmission of data packets. Successful information security management involves an amalgamation of prevention, detection and response in order to deploy a strong security defense. Security has become an encircling issue for designers and developers of the digital world. A system should also be able to counter incidents and raise proper procedures in case an information security incident occurs. Information security incident handling takes a stride forward in the information security management procedure. The aim is to provide a reference for the management, administration and other technical operational staff. If considering the enterprise government, focus on executing manageme nt actions is required to support the strategic goals of the organization. It has been calculated approximately half of the breaches to the security of the information systems are made by the internal staff or employee of the organization. Security incident management facilitates the development of security incident handling and planning including preparation for detection and reply to information security issues. The standard of the incident management primarily relates to ensure the existence of processes rather than the contents of these procedures. The security incident of different computing systems will have dissimilar effects and escort to different consequences, bureau, departments the organization need to tailor the security