POL203Y5 Lecture Notes - Lecture 6: Mandamus, Miranda Warning, White Primaries
Document Summary
Supreme court chooses cases- litigants appeal- rule of four. Thousands of request, small sta - four clerks each. Reversal uncommon- too many cases, district courts: 276000- 7738 appeals led to. Sc, only 87 argued- supreme court take about 1% cases to court most get rejected. Lower courts as loyal agents of supreme court. Little control- decentralized: supreme courts judges are independent do not watch over them - independent, life tenured judges. Can rebuke: send a o cial letter of rebuke, wrist of mandamus: ordering them to ful ll the duty of their o ce, hear again: the supreme court can hear the case again- costly and time, e ort. Concurring( kennedy): court should strike down, but cant right now- he wrote this. 3 issue era: national versus state authority, government regulation of the economy, civil right and liberties. John marshall court: national gov legitimacy- independent of: federal is independent of the state courts - and superior to states.
