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Courts 8
pg. 539-41
Question | Answer |
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8) 1. Define the doctrine of political questions. | Developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress. |
8) 2. How can both the executive and legislative branch control activist courts through the nomination process? | President and the Senate determine who sits on the federal bench |
8) 3a. How can the amendment process control activist courts? | Congress, with or without the president's urging, can begin the process of amending the Constitution to overcome a constitutional decision of the SC |
8) 3b. Which federal institution does the above? | Congress |
8) 3c. How does Scott v. Sanford/Dred Scott illustrate this? | the 14th Amendment reversed the decision in Dred Scott which held African Americans not to be citizens of the US |
8) 4a. With its ability to create/abolish lower federal courts, how can Congress strongly influence the courts and their decisions? | It can alter the appellate jurisdiction of the SC to prevent it from hearing a case. |
8) 4b. How did the SC deal with the Guantanamo issue? | The SC ruled that the naval base fell within the jurisdiction of US law and that the habeas corpus statute that allows prisoners to challenge their detentions was applicable |
8) 5a. How can Congress use its ability to make laws to influence court decisions that have already been made? | They pass legislation that clarifies existing laws to overturn the courts. |
8) 5b. Provide an example of the above. | The SC ruled in Grove City College v. Bell that Con. had intended that when an institution receives fed. aid, only the program/activity that gets the aid is covered by 4 fed. civil rights laws. Con. passed a law saying the entire institution is affected. |