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

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Presentation on theme: "Political Aspects of the Court. Interpreting the Constitution Strict Construction – Problems? Original Intent – Problems? Living Constitution – Problems?"— Presentation transcript:

1 Political Aspects of the Court

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

3 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?

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

5 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

6 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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