1. The Judiciary #3
Activism vs. Restraint

2. jurisdiction: cases brought on appeal from a lower court.
jurisdiction: where the case is heard first, usually in a trial.
jurisdiction: cases brought on appeal from a lower court.
The opinion is the rationale behind the “losing” or opposing side.
The Rule of is the standard for cases getting to the Supreme Court.
Interest groups give briefs to convince the court of their opinion.

3. Prop 8
In November 2008, the people of California voted for Prop 8, a ban on gay marriage.
Recently this has been appealed to the 9th Circuit. It is looking at the constitutionality of this proposition.
They can either overrule the proposition claiming that it violates our rights OR they can side with the majority of Californians.
Who’s side should they pick the minority or the majority?

4. Constitutional Interpretation
Strict construction: judges are bound by the wording of the Constitution, refer to precedent
What did the Framers intend?

5. Loose Construction
The Constitution is a “living document” its meaning may change with time
Supreme Ct – only court expressed in Const.!

6. Court may side w/the minority and overturn voters’ & leg’s wishes
Judicial activism: judges should look to the underlying principles of the Constitution, make decisions that can result in new policy.
Court may side w/the minority and overturn voters’ & leg’s wishes

7. Arguments for Judicial Activism
Courts should correct injustices when other branches or state governments refuse to do so.
Courts are the last resort for those without the power or influence to gain new laws.

8. Brown v. Bd of Ed (liberal ruling)
Examples
Brown v. Bd of Ed (liberal ruling)
overturns segregationist laws
US v Lopez (conservative ruling)
Overturns act of Congress

9. Judicial Restraint
Judges are bound by precedent & will of people (voters or legislatures – the majority)

10. Arguments for Judicial Restraint
Judges are not policy-makers – they don’t “legislate from the bench”
Voter initiatives require balancing policy priorities and allocating public revenues.
Courts are not accountable because judges are not elected.

11. The Politics of the Judiciary Branch
Today: most activists tend to be liberal, most strict constructionists tend to be conservative.
Which philosophy should judges use when deciding a case?

12. Checks on Judicial Power
Judges have no
enforcement power
Confirmation and impeachment proceedings
Changing the number of judges
Revising legislation
Amending the Constitution
Altering jurisdiction of courts

13. What about us? What can the ppl do?
Appointment process and life terms insulate justices from public opinion.
Defying public opinion frontally may be dangerous to the legitimacy of the Supreme Court.
Impeachment and lack of enforcement powers mean justices are not completely isolated from public opinion.

14. Is the judicial branch the weakest branch?
Describe & explain your 3 reasons
List 3 reasons for your opinion