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Author Question: How is a case determined to be a justiciable dispute and therefore eligible to be heard by a federal ... (Read 83 times)

humphriesbr@me.com

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How is a case determined to be a justiciable dispute and therefore eligible to be heard by a federal judge?
 
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Question 2

Describe the role of senatorial courtesy in presidential judicial appointments.
 
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lkoler

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Answer to Question 1

An ideal response will:
1. Discuss how the federal judiciary is a passive and reactive branch. It does not instigate cases or conduct its own investigations, nor can it resolve every issue that comes before it.
2. Explain that, according to the Constitution, federal judges are to decide cases and controversies. It is not enough that a judge believes a particular law to be unconstitutional; a real case must be litigated for a judge to reach that decision

Answer to Question 2

An ideal response will:
1. Define senatorial courtesy as the custom of submitting the names of prospective judges for approval to the senators from the states in which the appointees are to work. This custom is not observed with Supreme Court appointments, but presidents sometimes do consult with members of Congress.
2. Describe how the home-state senators, particularly if they are of the president's party, may also develop a list of candidates for the president's consideration.
3. Explain that if negotiations deadlock, a seat may stay vacant for years.





 

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