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Learning Objectives

After reading this chapter, you should be able to:
  1. Explain the significance of the Supreme Court ruling in Bush v. Gore, both from the perspective of governmental stability and the legitimacy of the Court itself.
  2. Explain the organization of the federal and state court systems.
  3. Explain how presidents make judicial nominees and how the nomination of Robert Bork led to borking.
  4. Define and explain the importance of judicial review.
  5. Define, compare and contrast the three theories of constitutional interpretation-original intent, living constitution, and the plain-meaning-of-the-text.
  6. Define such important terms as precedent, opinion, legal distinction, stare decisis, appeal, reversal, remedy, statutory interpretation, dissenting and concurring opinions, remand, judicial activism, restorationists, judicial restraint, writ of certiorari, solicitor general, amicus curiae brief, and law clerk.
  7. Summarize how Supreme Court decisions are made, including the decision-making process, the role of law clerks, and the various voting factions present on the current Supreme Court.
  8. Review and explain the three checks on court power-constitutional amendment, statutory revision, and non-implementation.
  9. Explain litigation as a political strategy.





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