2.10 & 2.11 Flashcards
concurring opinion
an opinion that agrees with the majority decision, that does not serve as precedent
dissenting opinion
an opinion that disagrees with the majority opinion and does not serve as precedent
liberal constructionist
interprets the Constitution as a living document and takes into account changes and social conditions since ratification
majority opinion
binding Supreme Court opinions, which serve as precedent for future cases
petition for certiorari
a brief arguing why the lower court erred
Rule of Four
reflects courts’ commitments to claims by minorities.
strict constructionist
interprets the Constitution in its original context
judicial activism
constitutional interpretation that justices should sometimes create bold new policies
judicial restraint
constitutional interpretation that justices should be cautious in overturning laws
Robert Bork
an advocate of original intent, or “originalism,” seeking to uphold the Constitution as the framers intended
“Nuclear Option”
threat to the Senate Republicans who threatened to change the rules to disallow the filibuster
Merrick Garland
a judicial selection from the DC Circuit with a unanimous “well-qualified” rating from the ABA
senatorial courtesy
the home state senators are almost as important as and sometimes more important than the president in determining who will be nominated to a particular lower-court judgeship.
standing
the requirements for bringing a case to court
Clarence Thomas
the first African American on the Court which reflected the left’s desire for diversity and the right’s desire for a strict constructionist; known for very conservative views, causing liberals to take issue with his ideology
