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| | Republican presidential candidates successfully campaigned against "judicial activism" by the U.S. Supreme Court, and many agree that some of its decisions -- particularly banning school prayer -- have been extremely hurtful to the United States. | | Republican presidential candidates successfully campaigned against "judicial activism" by the U.S. Supreme Court, and many agree that some of its decisions -- particularly banning school prayer -- have been extremely hurtful to the United States. |
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| − | This issue is not new: even Thomas Jefferson complained about "judicial activism" as long ago as his successful campaign for president in 1800, and Jefferson then unsuccessfully insisted that a U.S. Supreme Court Justice be impeached and removed from office based on his decisions (Samuel Chase, who was a signer of the Declaration of Independence). Jefferson preferred "strict constructionism," meaning that the powers given by the Constitution to the federal government should be interpreted narrowly. | + | This issue is not new: even Thomas Jefferson complained about "judicial activism" when he successfully campaigned for president in 1800, and Jefferson then unsuccessfully insisted that a U.S. Supreme Court Justice be impeached and removed from office based on his decisions (Samuel Chase, who was a signer of the Declaration of Independence). Jefferson preferred "strict constructionism," meaning that the powers given by the Constitution to the federal government should be interpreted narrowly. |
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| | == Political and legal terminology == | | == Political and legal terminology == |
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| | 9. Recently Apple won a billion-dollar patent case in federal district court in California against Samsung based on claims that Samsung had violated patents owned by Apple for the iPhone. Which court would handle the appeal? (Think about this question carefully before answering - many attorneys would give an incorrect answer.) | | 9. Recently Apple won a billion-dollar patent case in federal district court in California against Samsung based on claims that Samsung had violated patents owned by Apple for the iPhone. Which court would handle the appeal? (Think about this question carefully before answering - many attorneys would give an incorrect answer.) |
| | <br>10. Where is the pardon power in the U.S. Constitution (include section and clause numbers), and upon whom does it confer the power to pardon? Was Governor Chris Christie acting pursuant to this power when he commuted Aitken's sentence? Explain. | | <br>10. Where is the pardon power in the U.S. Constitution (include section and clause numbers), and upon whom does it confer the power to pardon? Was Governor Chris Christie acting pursuant to this power when he commuted Aitken's sentence? Explain. |
| − | <br>11. Would a lawsuit by students demanding the right to establish a Bible club be brought in federal or state court? Which increase the likelihood of success in such a case: a jury trial or a bench trial? Explain. | + | <br>11. Would a lawsuit by students demanding the right to establish a Bible club be brought in federal or state court? Which would increase the likelihood of success in such a case: a jury trial or a bench trial? Explain. |
| | <br>12. One federal appellate judge, whose decisions had been reversed by the U.S. Supreme Court more than any other judge, quipped words to the effect "it can't catch them all." What did he mean by that, and was he right? | | <br>12. One federal appellate judge, whose decisions had been reversed by the U.S. Supreme Court more than any other judge, quipped words to the effect "it can't catch them all." What did he mean by that, and was he right? |
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