Rule of Nine: State Court Systems
Each state has its own court system, with the State Supreme Courts having the final say on what the state law is, and the U. S. Supreme Court stepping in with the final say on federal law. When the Federal Gun Free School Zone Act was invalidated by...
Rule of Nine: Issuing Decisions and Opinions
Once opinion writing is complete and the justices have reviewed it, the Court's decision and the vote margin are announced at the next open session. The opinion explains the reasons behind the decision from the point of view of the majority and, sep...
Rule of Nine: Judiciary, a Legal and Political Institution, The
Every important political question eventually becomes a judicial question as evidenced by Bush v. Gore when the Supreme Court stopped the vote recount in Florida. There is the tendency to think that truth and justice are on one side, but typically t...
Legal Precedent: Facts, Laws, and Original Intent
In any legal case a basic distinction is drawn between facts, the relevant circumstances of a legal dispute, and applicable laws. The court must consider common law, judge-made law, legislative statutes, and the Constitution which as the higher law ...
Legal Precedent: Federalism Decisions of Rehnquist Court, The
The vast majority of cases that arise in courts involve issues of statutory and administrative law rather than constitutional law. Toward the end of the Rehnquist Court there were a series of decisions in which states were granted immunity from fede...
Legal Precedent: Influence of Outside Forces and Internal Beliefs on Judicial Decision Making, The
Justices and judges are not as removed from the public scene as many people believe they are. A constant flow of material tells them what is going on and the controversies that exist. It is clear to the justices on the Supreme Court that some of the...
Legal Precedent: Constitutional Constraints on the Judiciary
Members of Congress have more latitude in their decision-making authority than justices and judges bound by the provisions of Article III of the Constitution. The court cannot issue a decision except in response to an actual case that is before it. ...