Supreme Court Defending Civil Rights Flashcards
Arguments for ?
- Judicial review
- strikes down law that are unconstitutional
- interpret rights
- e.g brown v Board of education (1958)
Arguements against Supreme Court defending civil rights
Leaves power power in the hands of unelected judges and due to the vagueness of constitution it allows this to happen where power is concentrated to them so power to overturn or unrule
Example against the Supreme Court defending civil rights
Kim Davis (ex Kentucky official) refused to issue marriage license to Same sex couple due to her religious beliefs so restricted rights of minorities in the past
What happened as a result of Kim Davis refusing same sex marriage license
Kim Davis must pay $260,000 legal fees over same-sex marriage license refusal
The rode vs Wade decision was what kind of judgement
Loose constructionist judgement
What is a loose constructionist judgement
Interpreting the constitution less literally
What type of judgment was the Dobbs vs Jackson
Strict constructionist Judgement and originalist
What is a strict constructionist and orginalist judgment ?
Interpret the constitution in line with with meaning and intent and interpret constitution literally
How comes the Supreme Court did not ban abortion with the Dobbs v jacskson
It returned the decision of abortion back to the individual state leading issue back to elected representatives
What did the Dobbs Vs Jackson do for women ?
Changes the status Quo of women’s right