Policy Flashcards
direct policy making
judge produces rule on the issue with a direct effect on policy. Making a policy change something that wouldn’t pass as a law
indirect policy making
lawsuit verdicts transfer money from businesses and governments to the victims. Making a policy to save a business
counter-majoritarian behavior
making a direct policy that likely would not pass in the political process
because of there concern about courts legitimacy
Supreme Court rarely takes positions with little support
no: framers intended judiciary to have no power of purse or sword only judgment
yes: framers viewed the judiciary as the branch to interpret it as necessary
does the constitution give courts power to make policy?
no: federal judges are not accountable to public or other branches
yes: constitution protects against tranny of majority since courts interpret the constitution
is it appropriate for courts to make policy in a representative democracy?
tranny of majority
placing your own interest above at the cost of those in the minority
judicial review
review by the US Supreme Court of the constitutional validity of a legislative act
role perceptions
judicial restraint appropriate, so judges do not advance own policy preferences keeps judiciary from becoming too powerful
other branches of government
the incentive to minimize conflicts with congress/president, especially in the statutory interpretation: judicial review of state/ congressional laws)
constitutional amendments
to overturn unpopular decisions on constitutional interpretation; success rare, only 4 decisions overturned by this
appointment process
policy views on Supreme Court never long out of line with Senate/President
each president appoints at least 2 justices
compliance
enforcement by other branches or reaction by lower courts to judicial decisions
compliance concerns 1
outright refusal by low courts to not follow the Sup Cts decision
compliance concern 2
implicit noncompliance- lower courts appear to follow higher courts while evading implications of precedent
compliance concern 3
ambiguity in precedents, low probability of reversal, give lower courts room to maneuver
courts as effective policy makers
doubtful courts and judges
cant choose their cases, can’t control the timing of decisions, generalists; not specialists, difficult to evaluate complex cases. confronts unique cases, limits potential solutions. No power of purse or sword, need enforcement by other branches of government
not effective why
impact of judicial policymaking on society
those that disapprove Sup Ct polices depict powerful forces. Others argue Sup Ct decisions little impact. While the impact of courts exaggerated the importance of courts well-warranted. Courts not disengaged from social, political forces in society