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Lecture 19

GOV 312L Lecture 19: Gov 312L- Case Briefs- 2.2B

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University of Texas at Austin
GOV 312L
Christina Bambrick

Gov 312L Marbury V. Madison 2.2B Agenda 1. How to write a Case Brief 2. The court and the constitution 3. Comparative perspectives How to write a case brief 1. Note the facts a. Includes original conflict, parties involved, laws that are being appealed to, anything that led up to the case, etc. 2. The Question a. What question are the judges deciding on? i. There can be single or multiple questions b. Sometimes easiest to structure it as a yes or no question 3. The holding 4. The rationale a. Always related to the constitution b. Will likely end up citing a provision of constitution or BOR or amendments 5. Concurring and dissenting opinions a. Most cases will have a majority opinion i. This opinion will stand for the court ii. Opinion of majority of the judges b. Concurring opinion i. Same conclusion, based on different thought process ii. Might have looked at a different provision of constitution, etc. c. Dissenting opinion i. Thinks majority got it wrong, explains why 6. Significance a. Why is the decision important? 3 ways of looking at judicial review Each of these three were claimed to be a result of Marshalls ruling 1. Judicial review a. Judges can make opinions on laws, other branches of govt will recognize their decision 2. Judicial supremacy a. More and more what we see today b. Court can rule laws unconstitutional c. Other branches bound to apply, not only in this case, but also in all other cases 3. Departmentalism a. Less known today b. Every branch has an equal ability to interpret the constitution c. Each branchs loyalty lies to the constitution, not to a judge Comparative perspectives
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