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ElenaW [278]
3 years ago
15

Chapter 1 covers various Schools of Legal Thought. 1) Pick two of the schools of thought and describe how each school of thought

would discuss and decide on the following issue: Can state of California create a law that makes it illegal for anyone to board an airplane if they are wearing outfits that cover nearly their entire bodies except their eyes, citing as reason that they believe it is necessary to protect national security against terrorists. 2) Which one do you agree with the most and why?
Law
1 answer:
Nat2105 [25]3 years ago
7 0

Answer and Explanation:

Jusnaturalist School: According to this school, a law must, above all, directly address the promotion of justice in any type of situation, respecting the maximum natural right of the individual, which is an inalienable right that must be respected at any cost. . Based on this school, the situation shown in the question above is inadmissible, as it does not promote justice, it prevents innocent people from traveling via respecting their religion and still hurts their natural right.

Teleological School: This school has a strong political character and states that a law that achieves a social balance and promotes and is the service of protection and promotion of policies that protect society, it is valid. In relation to the case shown in the question above, this school can claim that the law is correct, since there have already been many cases of terrorism caused by Muslims, making their ban on boarding a promotion of social security.

2. When analyzing these two schools of legal thought in relation to the case shown in the question above, I came to the conclusion that the Jusnaturalist school is the one I most agree with. This is because prohibiting Muslim women from boarding an airplane because of terorist cases that they were not part of is a strong example of religious prejudice and intolerance, in addition to hurting the rights of innocent women.

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Explanation:

Supreme Court Background

Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.

The Justices

Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They, typically, hold office for life. The salaries of the justices cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government.

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Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

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Judicial Review

The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

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