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Courts 8

pg. 539-41

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.
Created by: Matti