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Supreme Court Powers AP Government - Spring 2012
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Supreme Court Judicial review Judicial activism Judicial restraint
Stare Decisis
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Judicial Review The power of the courts to determine the constitutionality of the actions of the executive, legislative, and judicial branches. First established in Marbury v. Madison, 1803
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Judicial Activism A doctrine that advocates an active role for the Supreme Court in enforcing the Constitution and in using judicial review. An activist court takes a broad view of the Constitution and involves itself in legislative and executive matters. More likely liberal justices.
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Judicial Restraint A doctrine that holds that the Supreme Court should rarely use its power of judicial review or otherwise intervene in the political process. More likely to be a conservative court and a strict interpretation of the Constitution.
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Stare Decisis Latin: "to stand by that which is decided.”
The principal that the precedent decisions are to be followed by the courts.
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