question
What is jud rev?
answer
The process by which ct's decide whether gov actions comply w/the const. M v. M. (not mentioned in const).
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When cong prescribes actions that result in a legal duty or obligation...
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the action is subj to jud review. M v. M.
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Political actions are matters of discretion &...
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not subj to jud review. M v. M.
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It is the _____ (not the _____) that authorizes jurisdiction.
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case, ct
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St's have the power to ________________________________________, but have a _________________________________________.
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interpret their own laws w/o jud review, duty to apply fed law in cases b4 them
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The SC won't review judgments of st ct's that rest on _____.
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AISG.
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If a st ct decision indicates _____ & _____ that it is alt based on____________________, the SC will not undertake to review the decision.
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clearly, expressly, bona fide separate AISG
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SC will exert power to review st ct decisions that incorrectly...
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adjudge fed rights.
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Minimal Scrutiny
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Stats & other gov actions are presumed valid & unless there's reason to doubt the presumption, the challenger has the BOP that the law, reg, or exec act isn't rationally related to a legit gov obj.
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Intermediate Scrutiny
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Triggered when the gov action comes w some taint of presumptive invalidity.. These are quasi-sus classifications & are presumed to be invalid. The defender of the gov action has the BOP (1) the actual purpose of the stat or action is important & (2) the stat or action is substantially related to the accomplishment of that actual purpose.
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Strict Scrutiny
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The defender of the gov action has the BOP that the law or exec act is necessary to accomplish a compelling gov obj.