In 1996, Congress amended the federal habeas corpus statute in order to provide some clarification as to how habeas corpus was to be applied and interpreted nationwide.
XI. The Eleventh Amendment and State Sovereign Immunity
Litigation occurring under the 11th Amendment attempts to reconcile two competing ideas: 1) state sovereign immunity which assumes that a state is immune from suit unless it consents to be sued, and 2) the power of the federal government that assumes that the states are subsidiary sovereigns to the federal system. Interpretations of the 11th Amendment have varied throughout the history of decisions on said issue but, presently, are a bar to unconsented suits by private citizens against the states. The Supreme Court, however, has fashioned out a number of exceptions to this bar.
The Federal Courts
The federal court system was established through the enactment of the U.S. Constitution. Under the Constitution only one court was officially authorized, the U. S Supreme Court, but in subsequent legislation Congress enacted the Judiciary Act of 1789 which set up the full system of federal courts which included district and circuit courts of appeal. Because the Constitution set up a republic, the individual states maintain considerable sovereignty and authority. This dual system of power between the states and the federal government causes some problems in the area of the proper application of the law.
The federal judiciary is a totally separate and self-governing branch of the U.S. Government. It has the responsibility of protecting the rights and liberties guaranteed by the U.S. Constitution. It performs this function by interpreting and deciding the constitutionality of federal laws and resolving disputes that arise as a result of federal legislation. The original framers of the Constitution believed strongly that an independent judiciary was essential to ensuring that the laws of the nation were enforced fairly and equally to all citizens of the United States. Toward this end it was decided that all federal judges would serve for life once appointed unless removed through the process of impeachment. Secondly, the Constitution requires that the compensation of federal judges cannot be diminished during their term in office. This requirement was intended to remove judges from the effects of popular passion and political influence.
Congress' power over the judiciary is limited but still important. First, Congress has the power to define the jurisdiction of all courts beneath the Supreme Court and how many judges will sit in each district. Second, Congress has, through the confirmation process the power to determine who sits on each bench. The President appoints members to the Court but Congress must affirm each appointment. Finally, Congress also controls the budget of each federal court. Although the federal judiciary's budget is minimal when compared with the entire budget, Congress still remains in control of what is allocated.
Under the Constitution there are two types of Courts. The first type was created under Article III of the Constitution and is the type that most citizens recognize. It is in this type of court that most legal decisions that affect ordinary citizens are determined. There is another type of court created under Article I of the Constitution that are created...
U.S. Courts Until Bob Woodward wrote his book, The Bretheren: Inside the Supreme Court (Woodward, 1996), the inner workings of the United States Supreme Court were considered off-limits. For nearly two hundred years no one had the courage to investigate how the Supreme Court operates on a day-to-day basis but Bob Woodward, one of the reporters who broke the Watergate scandal to the world, stepped forward and in doing so provided
The district courts hear cases first, if the case is of federal jurisdiction. If a party decides to appeal a ruling, it goes to an appellate court. The appellate court will not hear a case that has not already passed through the district court. Moreover, when it does hear a case it does not re-try the case on its merits, but merely seeks to see if there was an
Soviet Union brought the missiles into Cuba to rile up the American military establishment precisely so that U.S. nuclear missile installations in Turkey and Italy could be brought on the table. Secondly as an ally, Soviet Union was concerned about the fate of Cuba which held a lot of promise for the Communist experiment internationally. The American leadership understood that what they faced in Cuba was a catch 22 situation.
Marbury v. Madison Supreme Court Case Study Every year Supreme Court provides decision in cases that really impact the American citizen's rights. The aim of this analysis is to keenly check cases handled by the Supreme Court and the way they were given their final verdict. The parties involved sometimes get that the cases favor them or not depending on the existing laws or even through undermining the constitution. The case in
Brown v. Board of Education In the opinion of this paper, there is no doubt at all that the U.S. Supreme Court decision in May, 1954 -- Brown v. Board of Education -- changed the nation in a very positive way. And it changed the nation not just in the sense of setting the wheels in motion to end school segregation, but by bringing justice to one segment of the American
In light of the three different appellate courts decisions, the U.S. Supreme Court elected to hear the case against President Obama's healthcare legislation. While the most recent decision found in favor of the constitutionality of the law, "the Supreme Court agreed to hear appeals from just one decision, from the United States Court of Appeals for the 11th Circuit, in Atlanta, the only one so far striking down the
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