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11 Cards in this Set
- Front
- Back
stare decisis
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justices follow the law of previous cases in determining a case at hand
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judicial restraint
those who like judicial restraint: - what is their political stance - what kind of people do they think judges should be |
a philosophy on judicial decision-making that says:
courts should allow the decisions of other branches to stand, even when they offend a judge's own principles - politically conservative - want judges to be strict constructionists, who interpret the constitution the way the Framers would |
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judicial activism
those who like judicial activism: - what is their political stance - court case example |
a philosophy on judicial decision-making that says:
judges should use their power broadly so they can get more good stuff done - politically liberal - Roe v. Wade (1973): case that liberalized abortion laws |
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public opinion can act as a check on the _______ of the courts
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power
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all judges, whether they know it or not, make ________
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policy
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4 courts that have played larger roles in the development of the court's policy-making role
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- Marshall Court
- Warren Court - Rehnquist Court - Roberts Court |
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what are two ways the courts can use their powers to effect policy?
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- they can declare things "unconstitutional"
- the supreme court can overrule itself |
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how do supreme court rulings translate into public policy?
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all courts rely on other units of gov. to carry out their directives
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judicial implementation
- one thing that effects how well a decision is implemented |
how and whether or not judicial decisions are translated into actual public policies
- how easily a decision is implemented depends on how popular the issue is |
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implementation involves two populations:
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the
implementing population (carries out) consumer population (affected by) |
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for truly effective implementation, there are 3 requirements
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1 - understand the decision
2 - follow court policy 3 - inform the consumer pop. of the rights they are granted or denied |