the rest of exam 2

what are the two (three) myths about the SC Justice Powell attemps to dispel?

1. the justices are portrayed to be at odds with one another

2. the court lacks leadership and has no consistent philosophy

what are the primary functions of the courts conference?

deliberate and vote on cases, agree to/strike down further discussion on writs of certiorari,

what is the difference between the holding and the opinion of the court?

the holding is how the court has ruled on a case, the opinion is why the court ruled the way they did

what are the four techniques of opinion assignment?

1. the big/important constitutional cases should be authored by the chief justice

2. the selection of the justice to author the opinion must take into account the possible importance of the decision as a precedent

3. the assigner is conscious of public relations when assigning

4. when conference indicates a split decision, the chief justice may endeavor to assign the opinion to a justice whose views align closest with the dissenters, despite not being one of them

why is teh drafting and circulating of opinions considered the key stage?

the power of persuasion held by the author is great

why does the court keep all of its activities at this stage shielded from the public?

to prevent leaks like in dred scott

what does it mean for a case to be justiciable?

how does the court establish and maintain its own itnernal procedures and norms?

1. AIII

2. congressional legislation

3. the courts interpretation of 1 and 2