POLS 2200 3rd exam Questions with complete solution
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POLS 2200
POLS 2200 3rd exam Questions with complete solution
parchment barriers - correct answer The phrase "parchment barriers" is one that was used by James Madison in Federalist #48. He is using it to denigrate the efficacy of written guarantees of rights a concern of anti feds since separation of ...
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POLS 2200 3rd exam Questions with
complete solution
parchment barriers - correct answer ✔The phrase "parchment barriers" is
one that was used by James Madison in Federalist #48. He is using it to
denigrate the efficacy of written guarantees of rights a concern of anti feds
since separation of powers is just in paper. He later argued in #51 that a
system of cks and balances where each branch had a motive as a method to
defend against encroachment "ambition counteracts ambition"
How is the blue slip a norm of senatorial courtesy, and how does it illustrate
both the obstructions and importance of separation of powers? - correct
answer ✔the blue slip is the formal vehicle for sanction a presidents failure to
abide by senatorial expectations of consultation. If even one senator withholds
their blue slip the nomination halts. Thus the system negatively reinforces
senatorial courtesy for POTUS. While this is a check on the president it also
can obstruct the duties of the POTUS and Judiciary and thru non plural or
illicit means (single slip withheld for any reason)
The Court follows public opinion, but what problems does it face in conveying
what it does to the public? Why do judges give public speeches? - correct
answer ✔courts depend on citizen support to perform their constitutional
function as independent interpreters of law, they have neither force nor will
merely judgement, and when the public doesn't have confidence in their
judgement their legitimacy and influence are endangered. Thus the court is
vulnreable to attacks and misinfo as the public gets most of its info about the
courts second hand through a frequently sensationalist or wrong mass media.
Judges are often isolated from the media so when they are given a chance to
explain their decisions or speak about the issues facing the courts they take
advantage especialy if the audience is receptive.
What role does judicial dissent play in Supreme Court doctrine? Given that
judicial workload is so high, why take the time to publish and consider
dissenting opinions? - correct answer ✔Dissenting opinions are a source of
, energy and cogency in law, they facilitate discussion, knowledge and
furthering of the discourse by articulating the minority opinions for the use of
legal actors and citizens afterward.
In what ways is oral argument an aid to judicial workload, and in what ways is
it a drag on judicial workload, according to Wasby and our visiting speaker,
Justice Marc Kantrowitz? - correct answer ✔Oral argument is useful as it
allows the judge to question and clarify elements of the case which can
facilitate more efficient decision making by solidifying initial feelings. To
Kantrowitz it is not useful for the majority of cases 90% and Criminal petitions.
Wasby feels similarly that oral argument is not of equal importance in all
cases.
How does Circuit Court Judge Roger Miner think that the Supreme Court
could help lower courts, and what does his candor tell you about the
distribution of judicial workload? - correct answer ✔Miner believes that
SCOTUS has failed to resolve inter-circuital conflicts and should take greater
efforts to take on more cases, and produce more briefs and clear opinions to
ease congestion is the lower courts. His candor tells us that he feels the lower
courts workload is too high.
How does institutional politics constrain judicial politics? - correct answer
✔The institutions have a number of political elements that constrain the
judiciary, most obvious among them is that POTUS nominates and The
Senate confirms SCOTUS candidates on political grounds but furthermore the
politics of the blue slip and the the fact that the judiciary relies upon judicial
legitimacy and the other branches to enforce its decision restrain their ability
to be overtly political.
How can oral arguments help with judicial workload? How can oral argument
contribute to judicial workload? What role does politics play? What did Justice
Kantrowitz add to our understanding of oral argument? - correct answer
✔Oral argument can clarify elements of case and solidify initial feelings of the
judge to finish case quickly. Oral argument is also unnecessary for the vast
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