Chapter 10 Flashcards
The concept of “counter-majoritarian difficulty” primarily refers to which of the following dilemmas?
The conflict of the judiciary being unable to enforce its decisions and thwarting the will of voters through judicial review
Goal of both purposivism and textualism
To faithfully interpret statutes enacted by Congress.
Critics of Originalism often argue that:
It requires judges to act as historians, a role for which they may not be well suited.
According to the Const, Article III, Sec 1, which entity has power to establish inferior courts to the SC?
Congress
In the hypothetical law: “No vehicles in the park,” which theory of statutory interpretation might consider if the law was enacted to maintain a tranquil environment, potentially excluding emergency vehicles from the prohibition?
Purposivism
What is a key distinction between the original intent theory and the original public meaning theory of constitutional interpretation?
The original intent theory is based on the original intent of the people who drafted, proposed, adopted, or ratified the Constitution, whereas the original public meaning theory looks at how the text would have been understood by the general public at the time of its ratification.
Which statement is most accurate about the judicial review’s impact on the democratic process?
Judicial review, when used aggressively or inappropriately, can weaken the democratic process by preventing legislatures from enacting laws or correcting judicial errors
Critics of textualism argue that: It ignores that courts have been delegated interpretive authority under the Constitution.
The doctrine of stare decisis is divided into horizontal and vertical aspects. How do these aspects apply in the U.S. court system?
Horizontal stare decisis means that a court will adhere to its previous decisions, while vertical stare decisis binds lower courts to follow the decisions of higher courts within the same jurisdiction.
The Constitution’s Article III established the federal judiciary with certain “insulations” to maintain its independence. Which of the following is NOT one of those “insulations”?
The Ability to Enforce Clause, which gives judiciary power to enforce its decisions
What criticism is commonly made about the use of pragmatism in constitutional interpretation?
It may inject politics into judicial decision-making by considering the practical consequences of interpretations.
Pragmatism, as a method of constitutional interpretation, posits that:
Constitutional interpretation should consider the likely practical consequences of different interpretations.
