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The Courts
Objectives

  1. Explain the significance of the Clarence Thomas nomination by President Bush and the political implications that resulted from the Anita Hill charges.
  2. Explain why Supreme Court nominees today undergo greater scrutiny by the Senate compared to previous eras when there was a clearer separation of nominations from political disputes.
  3. Define and explain the importance of judicial review and delineate how it has had some negative consequences in American history (example: Dred Scott case).
  4. Define, compare, and contrast the three theories of constitutional interpretation--original intent, living constitution, and plain meaning of the text.
  5. Define such important terms as precedent, opinion, legal distinction, stare decisis, appeal, reversal, remedy, statutory interpretation, brief, plenary, dissenting and concurring opinions, remand, judicial activism, restorationists, judicial restraint, writ of certiorari, solicitor general, amicus curiae brief, and law clerk.
  6. Summarize how Supreme Court decisions are made, including the decision-making process and the various voting factions present on the current Supreme Court.
  7. Explain the organization of the federal and state court systems.
  8. Review and explain the three checks on court power--constitutional amendment, statutory revision, and nonimplementation.
  9. Explain how litigation qualifies as a political strategy.



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