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Essay plans - Government and Politics in the US
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The US Judiciary - RevisionExplain and analyze 3 problems in the nomination process. (9)
P – presidents politicise it
Ex – ideology important, court judicial, appointed by politicians, bias, translates through to decisions.
Ev – Trump’s election, reshapes, appoints 2 cons, Kavanaugh & Gorsuch. Bush ‘I don’t like libs’.
An – shift the balance of the court both ways, but can be seen as overreach as most decisions 9-0
P – senate politicises it.
Ex – confirmation powers, senators attack > probing, opposing side is defensive over evaluative.
Ev – Alito’s nomination in 2006, all (R) aye and all (D) nay. BUT Breyer (lib) had all on side.
An – increasing partisanship, BUT silent role, 63/100 voice votes 9% rejected on basis of merit.
P – influence from media + interest groups.
Ex – emergence 24/7, portray candidates in a specific light which can undermine/uplift nomination.
Ev – Sotomayor, ‘Alliance for Justice’ PG experienced v. Judicial Confirmation NW’ judicial activist.
An – starts assumptions, backed by law enforcements, demonstrates its not a huge problem.
Explain and analyze 3 ways judges are biased/neutral (9)
P – power of ‘judicial review’
Ex – rule on splitting issues, M v M, ‘activist’ strike down federal/state laws and ‘restraint’ interpret.
Ev – DC v. Heller, operative cause of owning guns > militia alter ideology based on favored outcome.
An – reiterated McDonald v. Chicago, BUT 2yrs late same balance politically showing bias.
P – affect presidential power.
Ex – expand/limit, remove right to carry out action or by upholding the right to carry out an action.
Ev – Burger court, loose, Jimmy Carter (D) Goldwater v. Carter terminates international treaty.
An – displays political bias BUT Rehnquist court held (R) Bush accountable with Guantanamo cases.
P – presidents politicise it.
Ex – ideology important, court judicial, appointed by politicians, bias, translates through to decisions.
Ev – Trump’s election, reshape it appoints 2 cons, Kavanaugh and Gorsuch. Bush ‘I don’t libs.’
An – exec pick not successful, (R) Bush appointed Souter, he became unexpectedly liberal member.
Explain and analyze ways judges are independent. (9)
P – majority/minority opinions.
Ex – used oral, majority supporting court’s judgement, minority dissenting one, difference = ind.
Ev – Heller Scalia majority, 2nd must be read with 1st, 4th, 5th, 9th Stevens minority ‘bear arms’ idiom.
An – ‘amend’ constitution independently BUT ‘legislation from the bench’ displays bias.
, The US Judiciary - Revision
P – differ in ideology.
Ex – for judges lacking ind, ideological, exec pick on ‘loose’ or ‘strict’, some turn out independent.
Ev – Stevens, most liberal judge by Ford on basis of conservatism, looking at his records.
An – occurred multiple times, swing is evident in Cons picks of Trump’s Gorsuch BUT majority stick.
P – power of ‘judicial review’
Ex – rule on splitting issues, M v M, ‘activist’ strike down federal/state laws and ‘restraint’ interpret.
Ev – DC v. Heller, operative cause of owning guns > militia alter ideology based on favored outcome.
An – McDonald v. Chicago, neutrality BUT 2yrs late same balance politically showing bias.
Explain and analyze 3 ways the court is considered a political institution. (9)
P – power of ‘judicial review’
Ex – rule on splitting issues, M v M, ‘activist’ strike down federal/state laws and ‘restraint’ interpret.
Ev – DC v. Heller, operative cause of owning guns > militia alter ideology based on favored outcome.
An – reiterated McDonald v. Chicago, consideration, BUT 2yrs late same balance showing bias.
P – affect presidential power.
Ex – expand/limit, remove right to carry out action or by upholding the right to carry out an action.
Ev – Burger court, loose, Jimmy Carter (D) Goldwater v. Carter terminates international treaty.
An – displays political bias BUT Rehnquist court held (R) Bush accountable with Guantanamo cases.
P – presidents politicise it
Ex – ideology important, court judicial, appointed by politicians, bias, translates through to decisions.
Ev – Trump’s election, reshape it appoints 2 cons, Kavanaugh and Gorsuch. Bush ‘I don’t like lib.’
An – shift the balance of the court both ways, but can be seen as overreach as most decisions 9-0
Explain and analyze 3 ways the judges are powerful. (9)
P – power of ‘judicial review’
Ex – rule on splitting issues, M v M, ‘activist’ strike down federal/state laws and ‘restraint’ interpret.
Ev – DC v. Heller, operative cause of owning guns > militia alter ideology based on favored outcome.
An – McDonald v. Chicago, consideration, BUT 2yrs late same balance politically showing bias.
P – affect presidential power.
Ex – expand/limit, remove right to carry out action or by upholding the right to carry out an action.
Ev – Burger court, loose, Jimmy Carter (D) Goldwater v. Carter terminates international treaty.
An – political bias BUT Rehnquist court held (R) Bush accountable w/ Guantanamo, Rasul v Bush.
P – upholding of rights.
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