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On what constitutional basis did the supreme court deny korematsu's appeal?
validate a descrimination on the basis of ancestry
Which amendment was the basis of the Supreme Court's Miranda decision?
5, 6, and 14.
Can a state court rule on a federal constitutional issue?
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
Why is the Mabury vs Madison the landmark case in the US Supreme court?
It is the basis for the excersie of judicial review
Have all US Supreme Court justices been lawyers?
No, eight of the nine members of the current Court served as US Court of Appeals Circuit judges prior to being elevated to the Supreme Court, and Justice Sotomayor has also served as a District Court (trial) judge. The newest justice to join the Court, Elena Kagan, is the lone exception; she has served as US Solicitor General, Associate White House Counsel, Dean of Harvard Law School, and as a Law Professor, but had no judicial experience prior to taking the Oath of Office on August 7, 2010. Having prior judicial experience is not a constitutional requirement, but a fairly recent trend toward seating justices with prior judicial experience for practical purposes. It was less common in the past to select candidates with judicial experience. At one time, members of the Court were more likely to be selected from the political ranks: former Senators, House members, cabinet members, State Governors, and members of State legislature were well represented. Some past justices had made distinguished careers as lawyers, and were selected on the basis of their legal reputations. Kagan was US Solicitor General immediately prior to her nomination, the first justice in 40 years not to have experience on the bench. There are no constitutionally mandated qualifications for Supreme Court Justices; however, all 112 past and present members of the Court are, or have been, lawyers.
What is the basis for Supreme Court decisions?
The Constitution
On what constitutional basis did the supreme court deny korematsu's appeal?
validate a descrimination on the basis of ancestry
Which amendment was the basis of the Supreme Court's Miranda decision?
5, 6, and 14.
Was the Supreme Court supportive of Franklin D Roosevelt's efforts to solve the Great Depression?
No. The nine Lochner-era justices Roosevelt inherited from earlier administrations opposed most of his New Deal legislation, declaring six of the eight major Acts unconstitutional. The 1935 and 1936 Terms were especially brutal, but the Court began to shift toward a more progressive stance in 1937, as the older justices retired and were replaced.Roosevelt appointed eight new, liberal, justices between 1937 and 1943, beginning a progressive era that lasted into the 1970s.
How are drug court judges chosen?
In my experience the position is on a rotating basis shared equally by all judges assigned to the court.
Can a state court rule on a federal constitutional issue?
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
What was significance of the Marbury v. Madison Supreme Court case?
It formed the basis for the need of Judicial review.
Why is the Mabury vs Madison the landmark case in the US Supreme court?
It is the basis for the excersie of judicial review
Would the US Supreme Court reverse a decision because of unconstitutionality?
Absolutely, yes. The US Supreme Court has overturned many lower court decisions on the basis of unconstitutionality of the law, as written or applied, or something that occurred in the legal process.
What is the name given to a written decision by Supreme Court Justices that while they agree with the final outcome of the case they do not agree with the reasoning behind the final outcome?
It is a concurring opinion. If there is no disagreement with the basis, the justice is included in the "majority opinion." In some cases, concurring opinions can become plurality decisions.
What US Supreme Court standard requires a law to be related to a legitimate government interest?
Rational basis test
Have all US Supreme Court justices been lawyers?
No, eight of the nine members of the current Court served as US Court of Appeals Circuit judges prior to being elevated to the Supreme Court, and Justice Sotomayor has also served as a District Court (trial) judge. The newest justice to join the Court, Elena Kagan, is the lone exception; she has served as US Solicitor General, Associate White House Counsel, Dean of Harvard Law School, and as a Law Professor, but had no judicial experience prior to taking the Oath of Office on August 7, 2010. Having prior judicial experience is not a constitutional requirement, but a fairly recent trend toward seating justices with prior judicial experience for practical purposes. It was less common in the past to select candidates with judicial experience. At one time, members of the Court were more likely to be selected from the political ranks: former Senators, House members, cabinet members, State Governors, and members of State legislature were well represented. Some past justices had made distinguished careers as lawyers, and were selected on the basis of their legal reputations. Kagan was US Solicitor General immediately prior to her nomination, the first justice in 40 years not to have experience on the bench. There are no constitutionally mandated qualifications for Supreme Court Justices; however, all 112 past and present members of the Court are, or have been, lawyers.
