Political Aspects of the Court. Interpreting the Constitution Strict Construction – Problems? Original Intent – Problems? Living Constitution – Problems?

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Presentation transcript:

Political Aspects of the Court

Interpreting the Constitution Strict Construction – Problems? Original Intent – Problems? Living Constitution – Problems?

Factors in Judicial Decision-making Factors – Law / precedent / stare decisis – Attitudes / ideology – Roll theory – Small group theory – Legal socialization What Does This Mean for Judicial Review?

The Court as Political Actor Decide who gets what Decide who loses liberty Define rights and obligations Judicial Review

The Court as Political Actor Constitutional Theory Political Ideology – Attitudinal Model Judicial Activism/Restraint (blech) – Deference to Elected Branches – Adherence to Stare Decisis – Results-oriented Judging

Political Influences on the Court Appointment Process Repeat Players – Interest groups – as litigants or amici – Solicitor General Public Opinion – Replacement (indirect) – Conversion – Adjustment

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