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Judiciary Act of 1789
the Judiciary Act of 1789 as collateral statingthat under the writ of mandamus, theSupreme court had the original jurisdiction to declare legal “…any courtsappointed, or persons holding office, under the authority of the United States”
Marbury’s brought to court the issue that he wasappointed a justice under John Adam’s term however he did not retain the nominationin Thomas Jefferson’s new presidency arguing that John Adam’s nomination wasinvalid because it was not carried out before the end of Adam’s term. He used the Judiciary Act of 1789
· 1874 by Chief Justice Waite
o Reynolds was convicted of polygamy under theviolation of the Morrill Act prohibiting polygamy under the LincolnAdministration being signed into law in 1862.
o Reynolds’ defense was that it was his religiousduty to take multiple wives, and under
o the First Amendment, he was protected under thefree exercise of religion
1874 by Chief Justice Waite
1963 by Justice Brenner
Sued theBeaumont Mill she worked at for firing her in 1959 for her denial to work onSaturdays under the guise that it was violating her religious beliefs as aBaptist while also not receiving unemployment beliefs from the state of SouthCarolina
Sherbert justified that denial ofunemployment compensation violated her right to the First and FourteenthAmendment : free exercise of religion
Compelling State Interest
1 – neither the federal government nor thestates could punish individuals for their beliefs
2 – the state could not curtail the freeexercise of religion, therefore releasing the state’s ability to control thebehavior of a believer action on genuine religious conviction.
o Courts ruled in favor of Sherbert
o Amish family Jonas Yoder sued Wisconsin forunlawfully suing them for their decision to not send their children to stateschools. This violated the Wisconsin compulsory attendance laws for children.
o Argued that the law interfered with their rightto freedom of religion
o State interest in the case was insufficientbecause it did not provide a good enough case to justify violating thereligious imperatives of the Amish People.
o Grew out of the extension and interpretation ofthe 14th Amendment
o Court ruled in favor of Yoder
Weinberger in 1986 by Burger Court
o Simcha Goldman sued the Air Force fromprohibiting him from wearing a Jewish headpiece when the issue was brought upin a 1981 court marshall case.
o Goldman argued that this mandate violated thefree exercise of religion clause in the First Amendment seeking an injunctionagainst Secretary of Defense Weinberger.
o 1 – The Air Force did not violate because themilitary regulations calls for “less scrutiny” in order for the military tofoster “instinctive obedience and unity” and the overt religious apparel would“detract from the uniformity of the dress regulations”
o 1987 – Congress passed legislation whichreversed the decision allowing member of the U.S. armed forces to wearreligious apparel in a neat and conservative manner
principle means of how cases are accepted by thecourts. If the Supreme court views the case as important and viable enough theywill grant the writ. Only granted to about 5% of cases. Attorneys only have theprivilege
in 1990 by Rehnquist Court
o Native American rehab counselors sued Oregonbecause they were fired for partaking in ingesting peyote a powerfulhallucinogen in violation of their drug counseling conduct and were notreceiving any employment compensation.
o Argues this was part of their religiousnative American ceremonies violating on their “free exercise of religionclause” in the 1st Amendment
1 – Justice Scalia upheld that the thisindividual’s religious beliefs did not excuse him from compliance with anotherwise valid state law the government is free to regulate and has explicitpower over.
2 – Allowing exceptions to every state law thatadversely affects religion “would open the prospect of constitutionallyrequired exemptions from civic obligation of every kind”
Courtsruled in favor of Oregon
1997 under Rehnquist Court
o Archbishop sued state zoning authorities forviolating his right in the 1993 RIFRA by denying him a permit to expand hischurch in Boerne, Texas. The state’s justification is that it was located in ahistoric preservation
o Was the RIFRA unconstitutional because it overrid the state’s local ordinances of historic preservation? (supreme courtcertiorari granted)
Congress DID OVERRIDE/ overuse the 14thAmendment, Article 5 enforcement capabilities by subjecting local/ STATEordinances to federal regulation
RFRA declared UNCONSTITUTIONAL by dictatingthat it can restrict the manner in which states enforce their legislativeordinances/ restrictions. There was no one religion favored over another so itwas a completely unbiased decision.
· a distinctive pattern of voting reflecting hedifferences in views between men and women. Women are more likely to supportDemocratic views however in recent years, the gender gap has started to shrinkfrom the 11% margin for Bill Clinton to the 7% it was for Barack Obama (56%women to 49% men pro-Obama)
formal structure of a political partyincluding it’s leadership election committees, active members, and paid staff.Committees members are elected at local party meetings called caucuses. Party’smost important institution is the national convention or committee meeting à State conventions,state committees, congressional district committees à county conventions, localcommittees (county, city, town, ward) party volunteers, party voters.
apportionment of voters in districts in such away as to give unfair advantages to one racial or ethnic group or politicalparty. Different distribution of votersproduces different electoral results usually pidgeonheld into a certain view.They start to benign gerrymandermeaning the redistricting focuses on minority groups.
· voting based on the imagined future performanceof a candidate. The best way to up the ratings for a candidate in this aspectis to focus on change especially in policy asking the public to makeprospective judgments.
· election held to select a party’s candidate forthe general election. The winners of the primary elections face one another astheir party’s nominees in the general election. Primary election at thepresidential level are indirect; used to select state delegates to the nationalnominating conventions at which the major party presidential candidates arechosen.
o 80-90% re-elected
o Keep constituents happy and know them, and theconstituents spread the word about them
o The press follows them so there’s more mediacoverage in general
o When people don’t know who to vote for, theyvote for the incumbent
o Case work
o Committee assignments that are relevant to theconstituents
· - the president’s constitutional power to turndown acts of Congress aka pieces of legislation, A presidential veto may beoverridden by 2/3rd vote of each house of Congress. To veto a bill it must be returned tocongress unsigned within 10 days to the house of Congress.
· Senate’s ability to consult the president on hisactions preemptively in order to tailor it before it reaches public approval.
· The power of the media to bring publicattention to particular issues and problems. If the media is persuaded that anidea is worthy, then they will highlight the issue in the political context ofthe news.
· The power of the media to influence howevents and issues are interpreted. For example, the media referring to Obama’shealthcare plan as reform rather than “healthcare rationing”. Media frames aremost important during election which can put candidates in a certain light.Most influential during the 2008 primaries.
Influenceof Socioeconomic Status (SES) on Political Participation
· In chapter 8, the status in society isbased on the level of education, income and occupational prestige and this effectsvoting patterns in the US. Races such as African American and Latinos are lesslikely to involve themselves in politics. Younger people are less likely toparticipate them older people. As education has been on the rise, participationhas declined.
pointin history when a new party supplants the ruling party becoming in turn thedominant political force. This happens every 30 years within the US. This has occurred 5 times within US history.
o Jeffersonian Republicans over Federalists
o Jacksonian Democrats over Republicans
o Abraham Lincoln’s Republican Party over the WhigParty
o Republicans over the Democrats in 1896
o FDR’s Democrats over Republicans in the 1960’s
· people vote based on their personal economic circumstances
· the appropriations reference. The congresshave the ability to be in charge of interstate trade and taxes. And they couldprovide money for war/ allocate.
· The process of preparing the public to takea particular view of an event or a political actor. This occurs when mediacoverage affects the way the public evaluates political leaders, issues, andevents. For example, Busch’s anti-terrorist response was primed to be viewed ina positive and nationalism light.
· Citizen’s attitudes about political issues,leaders, institutions and events. Involves values, beliefs, political ideology,and public opinion all influence public opinion. WE often not look at opinionbut the differences of opinions.
· You need to consult the congress before youdeclare war 48 hours in advance. If the troops are going to stay for more than60 days congress has to approve it IF and only IF they call upon the warpowers. Congress is supposed to declare war not the president, so the presidentis overstepping his power boundaries. Congress recalling war is not reallypatriotic.
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