POL 101 Lecture Notes - Lecture 20: Federal-Question Jurisdiction, Patient Protection And Affordable Care Act, Amicus Curiae
Document Summary
Why might judicial review be considered undemocratic: places judges, who are appointed for life, above legislature, still most democracies have some form of judicial review which is an important function of checks and balances. Undemocratic body helps us keep a democratic society. Judges make policy in two different ways: setting precedent- common law, statutory construction-judicial interpretation of laws. Court rules 5 to 4 on obamacare. How cases reach the supreme court: original jurisdiction-authority of a court to hear a case before any other court. Know the mind set of their judge they work for. Case filed with sc must satisfy two requirements: case must have exhausted all courts in state system, case must raise a federal question. Majority opinion has the law of the land: argument- heart of judicial opinion; legal reasoning of judgment, opinion-legal reasoning of judgment. Majority opinion-written by the chief justice or longest member of the majority reflecting legal reasoning or the majority for the judgment.
