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Chapter 14 and 20: The Essentials
AP US Government and Politics Mr. Goldstein Wilson, James Q. American Government, 9th Ed.
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2 Competing Views Strict-Constructionist: Activist:
judges should only judge apply rules that are stated or clearly implied in strict language of Constitution Activist: Constitution’s vague language leaves room to discover underlying principles
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The Structure of the Federal Courts
Constitutional Court: Exercising powers from Article III Life terms, can’t be fired, salaries can’t be reduced District Courts: 94 Courts of Appeals:12 Legislative Court Set up for a specialized purpose Fixed terms, Can be fired and have salaries reduced
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How are Judges Selected?
Constitutional Courts: nominated (P) Confirmed (S) Senatorial Courtesy: Blue-slip by senior senator from state Litmus Test: test of ideological purity Problem of divided government? (1990s example)
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Dual Court System One state vs. One Federal
Federal-question cases and diversity cases F- cases under the Const, Laws of US, and Treaties D- citizens of different states Dual Sovereignty Doctrine: can be tried for same cases at both levels
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Its all Greek, I mean Latin, to me
Writ of Certiorari: SC decides which appeals they want to hear (4 of 9 justices) In Forma Pauperis: be heard by SC for nothing if you cannot afford Amicus Curiae: brief from an interested party not involved in the suit Per curiam opinion: opinion is brief and not signed Stare decisis: decide current cases based upon old decisions
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Powers, Checks-and-Balances
Judicial Review: declare acts of Congress unconsitutional Checks Congress: confirmation, impeachment, alter number of judges, amendments, jurisdiction of lower courts and appellate jurisdiction of SC Exec: nomination
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Chapter 20: Foreign Policy “Invitation to Struggle”
Pres (commander in Chief of forces) vs. Congress (authorize and appropriate money for forces) Pres (appoints ambassadors) vs. Congress (confirm ambassadors) Pres (negotiates treaties) vs. Congress (ratify by 2/3 vote)
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Machinery of Foreign Policy
Secretary of State National Security Council Pres, VP, Sec of State, Sec of Defense, Dir of CIA, Chair of Joint Chiefs of Staff (heads of all military services; ie. Army, navy, air force, Marines), Attorney General
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World Views Isolationism: following WWI; focus on US
Containment (anti appeasement): Contain the spread of Communism: (domino theory) Disengagement: no more Vietnams Human Rights: never again allow genocide
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