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U.S. And Supreme Court
Contrast the U.S. Circuit Courts with the U.S. Supreme Court in terms of their authority to strike down an act of congress or of the states?
The United State Supreme Court is the highest judicial body of the U.S. The Circuit Courts on the other hand are the intermediate courts which make rulings before an issue reaches the Supreme Court. There are nine circuits which divide the country. Each state belongs to one of those nine circuits.
Whereas the United States Supreme Court has the ability to review any law brought before them, the circuits can only review laws which affect the states under their jurisdiction. A circuit court may rule a law unconstitutional-based either on the constitution of the state or based on the national constitution. Both bodies have the ability to review any legislation created to check its lawfulness.
However, a decision made by a circuit court can be overturned by the U.S. Supreme Court. The Supreme Court is, as its name suggests, the highest court in the country and their decision is the ultimate one. The circuit courts can rule over their jurisdiction, but the Supreme Court has a national jurisdiction.
4) Is there a right to privacy according to Justice Scalia? Stevens? Explain.
Justice Scalia of the United States Supreme Court stated that there are some things a person should be allowed to keep private,...
As technology increases, privacy becomes more and more of a problem. It is easy to acquire information such as addresses and telephone numbers and what kinds of things a person purchases regularly.
According to Scalia, this is completely acceptable. This was in response to the findings that citizens have dossiers collected about them. In the 1940s and 1950s, the FBI kept records of anyone they deemed subversive. In the present, nearly everyone has a similar dossier somewhere in the world, although the information is not solely in the possession of the government.
Justice Stevens, on the other hand, believed that all people had a right to privacy. He felt that there were certain aspects of a person's life which they should be able to keep private. This came directly from the Roe v. Wade case, which discussed women's right to privacy about whether they had an abortion. Privacy in such matters as medical history, according to Stevens, were part of a constitutional right.
7) What are the differences between a majority opinion and a dissenting opinion in terms of an actual case law and policy impact?
In the Supreme Court, decisions are made on a majority decision. Of…
Works Cited:
"Roe v. Wade" (1972). 410 U.S. 113.
Supreme Court Justices Chief Justice John G. Roberts Biography John Glover Roberts Jr. was born on January 27, 1955, in Buffalo, New York. Roberts grew up with three sisters, Kathy, Peggy, and Barbara and his mother Rosemary. His father, John Sr., a plant manager at Bethlehem Steel, moved the family to Long Beach, Indiana, when Roberts was in fourth grade. After grade school Roberts attended La Lumiere School, a Roman Catholic boarding school
S. No. 04-1739 (2006) Facts: Issue(s): Ruling: Analysis: Minority Rationale: Comments: Two examples of where rights are limited in the ownership of land or property: Servitudes and easements are put into place... Servitudes and easements can be protected by... It is vital to protect Servitudes and easements because... III. Intellectual Properties Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General U.S. 01 -- 618 (2003) Facts: Issue(s): Ruling: Analysis: Minority Rationale: Comments: The differences between copyrights, trademarks, and patents include: The title to real property is permanent, whereas some
Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme Court System). Each U.S. State also has a supreme court, which is the highest law for interpreting cases that move into that jurisdiction. Essentially, the Supreme Court has the ultimate jurisdiction over all federal
Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the
While the decision has hung over states as one national standard, it infringes the essential principles of federalism and separation of powers that are rooted in the country's constitutional system (Silversten, 2011). During the time that the Supreme Court made this ruling, the state of Georgia basically had the same position on punishment for the crime of rape with many states. Actually, very few states permitted the executions or enforcement
Supreme Court Case Supreme Court Decision in Re Waterman, 910 2D (N.H. 2006) The Case The case addressed in this section of the report is that of Supreme Court case In Re Waterman, 910 A.2d 1175 (N.H. 2006). In this case, Tracy Waterman, working as a trooper for the New Hampshire State Policy was informed on August 29, 3003 that Vicky Lemere, the wife of one of Waterman's fellow troopers, informed Lieutenant Nedeau,