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Judicial Review correct answers Courts have power to review and interpret laws and actions of different entities Marbury v. Madison correct answers 1803 Court gave itself the power of judicial review -Balancing other two branches Structural Constraints on the Court correct answers I: The bo...

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  • August 2, 2024
  • 12
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • Law and Public
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Law and Public Policy || A+ Guaranteed.
Judicial Review correct answers Courts have power to review and interpret laws and actions of different entities
Marbury v. Madison correct answers 1803
Court gave itself the power of judicial review
-Balancing other two branches
Structural Constraints on the Court correct answers I: The bounded nature of constitutional rights
prevents courts from hearing or effectively acting on many significant social reform claims and lessens the chances of popular mobilization
II:The judiciary lacks the necessary independence from the other branches of the government to produce significant social reforms
III:Courts lack the tools to readily develop appropriate policies and implement decisions ordering
significant social reform
Constraint I: correct answers The bounded nature of constitutional rights prevents courts from hearing or effectively acting on many significant social reform claims and lessens the chances of popular mobilization -Judiciability -Ripe, not moot -Can't be premature or after the fact -Cannot ask court for advice, need a problem or conflict -No political questions- those left for legislature -Standing as an appropriate party -Must show direct injury -Jurisdiction -Dominant Legal Culture -Law system has own perception of what a case it- winnable -Someone has to file the case -Court is kept from considering reforms that are removed from constitutional text -Sometimes courts supersede this -Ex: Gore v. Bush election 2000 -Technically a state law that should be in state court -Outcome oriented Jurisprudence -Limited Nature of Rights
-Role of Precedent + interpretation of rights
Constraint II: correct answers The judiciary lacks the necessary independence from the other branches of the government to produce significant social reforms -Least dangerous branch- Hamilton in federalist papers -Dependent on popular support -No tools to carry out and implement -Decentralized nature of the judicial -Bias, misinterpretation of lower courts -Opportunities for delay -Can't enforce without creating battle between branches which destroys future cooperation -Political appointments and paying back
-Conditions for meeting this constraint
Constraint III: correct answers Courts lack the tools to readily develop appropriate policies and implement decisions ordering significant social reform -Congress limits court -Determines jurisdiction -Can change decisions with laws -Lack of informed public -Opposition to social reform by other branches hinders the court -Broad array of evidence that courts are not actually independent -Seldom stray from what is politically acceptable -Appointment process
Weberian Bureaucracy correct answers -Court lacks the command structure and other criteria to effectively implement -Positions not by merit- can president get through senate -Decentralized- no clear command structure -Adds to the constrained court view
Population Lines correct answers -Policy Makers
-Interpreters
-Implementers
-Consumers
-Secondary Populations
Interpreting Population correct answers -Actor most often charged with responding to particular lower court decisions -Refining by enlarging or limiting benefits
-Develop rules where court left blank
-Court decision have more authority than politicians -5-4 decisions seem political- less effective -Limit or facilitate (Two things the lower court can do)
-Implementing Entity
Implementing Population correct answers -Lower courts, but only in cases that come before them
-Applying higher courts decision
-Actions subject to sanction for wrong implementation by interpreting populations
-Limits or Constrains: a case must be filed (jurisdiction)
-Services: Policing, prosecutors, university officials
-Intending to set requirements on court decisions
-Rosenberg doesn't discuss money as a constraint

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