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Extra info for American constitutional law : essays, cases, and comparative notes [V. 1]

Sample text

The dynamics of these discussions are a matter of conjecture. The papers of some justices, such as William O. ’’20 No doubt the personalities of the justices, and the leadership style of the Chief Justice, play an important role in determining how the conferences work. ’’21 14 As quoted in Anthony Lewis, Gideon’s Trumpet (New York: Vintage Books, 1966), 162, n. 23. , Rules of the Supreme Court (2007). ‘‘Oral Advocacy: A Disappearing Art,’’ Brainerd Currie Lecture, Mercer University School of Law, October 20, 1983, msp.

The provenance of the court is important, for unlike Article III courts, judges on Article I courts are not guaranteed lifetime tenure. Jurisdiction: The Power to Hear Cases and Controversies No court may hear a case unless it has ‘‘jurisdiction’’ over it. The Supreme Court has two kinds of jurisdiction—original and appellate. ’’ In other words, the litigants bypass state courts and the lower federal courts and go straight to the Supreme Court. Partly because of the Eleventh Amendment, congressional legislation, and the Court’s own rules (which provide that original jurisdiction may be held ‘‘concurrently’’ with lower federal courts), such cases are extremely rare.

S. S. budget. More importantly, the Court is at the center of public debate and policymaking in such areas as abortion, affirmative action, sexuality, gun control, and privacy. In nearly every term the Court considers cases that go to the very heart of the separation of powers, federalism, and the Bill of Rights. ’’1 It was not always so. Under the Articles of Confederation there was no J. P. : Doubleday, 1969), 270. 11 ................. 17339$ $1C1 05-21-09 09:24:48 PS 12 Part One Institutional and Interpretive Foundations Supreme Court—indeed, no federal judiciary at all.

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