Unfunded Mandate
A writ of mandamus is a writ which compels a government entity to perform mandatory or purely ministerial duties correctly.
Similar to a dictatorship, this form of government compels the people to do it's bidding with no accountability to the people. Human rights is not a big concern with this type of regime. North Korea is an example of an authoritarian government.
The US Supreme Court realizes that precedent needs to be respected and considered very carefully in new decisions in order to prevent social and institutional chaos. Supreme Court decisions may form the foundation of laws or be interwoven into other cases that rely on the precedent standing. Overturning an earlier decision may have a broad impact not just on the case at bar but on policies, laws, and future cases.The overturned precedent may also have been established to prevent some form of corruption or abuse of a system (political, economic, etc.) which would then become vulnerable to manipulation.This is one of the primary reasons the legal system relies on the doctrine of Stare decisis (Latin: Stare decisis et non quieta movere), meaning "let stand what has been decided." This principle compels lower courts to base decisions on precedents set by higher courts, with final judicial interpretation resting in the hands of the Supreme Court.
The Fourteenth Amendment makes it clear that the due process requirements in the Fifth Amendment apply to state as well as federal action. Section 1 states that: "No state shall make or enforce any law which abridges the priveleges or immunities of citizens of the US; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." When the Constitution was first adopted it was generally considered that it was a limitation on federal power, not states, because it set up the federal government.
When the US Supreme Court reviews a case under its appellate jurisdiction, the total time allocated for oral arguments (what would correspond to a trial in a District Court) is one hour, or 30 minutes for each side. For the most part, the Justices review the case records and lower Court opinions. Appellate Justices are not finders of fact; they don't make decisions based on material evidence, but on how appropriately the lower court judges applied the law. According to published articles and the Court's own records, it takes about six weeks from the receipt of a petition for a writ of certiorari to a decision about whether to hear the case, and about six months total to prepare for oral arguments. Once a case is heard, emergency cases are usually decided in a few days; non-emergent cases may take anywhere from three to thirty weeks before the Justices release a decision, although the verdict in most is determined in 14-16 weeks. When the Supreme Court hears a case under its original jurisdiction (for example, in a dispute between two states), the case is initially reviewed by a Special Master who then makes a recommendation to the Court. This allows for some semblance of an appellate process.
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Laws.
Laws.
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the coercive power of the government
Laws.
A writ of mandamus is a writ which compels a government entity to perform mandatory or purely ministerial duties correctly.
Aphrodite Has A Magical Girdle That Compels Everyone To Desire Her.