Political Science 2244E Lecture Notes - Lecture 17: Judicial Activism, Endangerment, Due Process Clause
Document Summary
Federal court: federal question cases: involving the us constitution, federal law or treaties, diversity cases: involving different states or citizens of different states. State courts all the rest: majority of cases are solved here, they can also end up in sc. Military court: uniform code and military justice. Standing to sue: real controversy, something that actually happened, need to be able to show person harm, sa(cid:455)i(cid:374)g (cid:455)ou"re a ta(cid:454)pa(cid:455)er is (cid:374)ot e(cid:374)ough it has to have actually affected you, except first amendment. Strict construction: judges are bound by the wording of the constitution exactly. Activist: judges should look to the underlying principles of the constitution in relation to current society. Injustices evolve and there are things that should be fixed segregation. Courts are the last resort (cid:455)ou (cid:272)a(cid:374)"t get a solutio(cid:374) fro(cid:373) a(cid:374)(cid:455)(cid:271)od(cid:455) else. Times change technology, new issues, vagueness. Can make important policy change without having any checks.