the supreme court and public policy 4.3

Question 1

what is deliberative democracy

Answer 1

the people rule themselves through elected officials who make decisions on their behalf.

Question 2

what cases has the Supreme Court has been accused of ‘liberal’ judicial activism:

Answer 2

• Brown v Board of Education of Topeka (1954) outlawed racial segregation in public schools.
• Roe v Wade (1973) declared a woman’s right to an abortion to be a constitutionally protected right.
• Obergefell v Hodges (2015) essentially created a new policy legalising same-sex marriage.

Question 3

what cases has the Supreme Court has been accused of ‘conservative’ judicial activism:

Answer 3

• Bush v Gore (2000) effectively awarded the presidency to George W. Bush.
• Citizens United v Federal Election Commission (2010) overturned the Bipartisan Campaign Reform Act (2002), arguing that the ban on interest groups making ‘election communication’ within 30 days of a primary violated their First
  Amendment Rights.
• DC v Heller (2008) explicitly extended the provisions of the Second Amendment
  to include the individual’s right to bear arms for reasons unconnected with service
  in a militia. This included traditionally lawful purposes such as self-defence.

Question 4

Imperial judiciary

Answer 4

The view that the courts, most especially the Supreme Court, have become too powerful through their powers of judicial review and impact on public policy.

Question 5

stare decisis

Answer 5

A legal principle that judges should look to past precedents as a guide wherever possible (literally, ‘let the decision stand’).

Question 6

Judicial restraint

Answer 6

An approach to judicial decision making that holds that a Justice should defer to the executive and legislative branches, which are politically accountable to the people, and should put great stress on the principle established in previous court decisions.

Question 7

Criticisms of judicial restraint

Answer 7

• narrow focus on text alone
• original meaning is sometimes unclear (bearing of arms)
• able to allign constitution to their own political views due to vagueness
• having very narrow view of rights could lead to ‘popular tryranny’

Question 8

Criticisms of judicial activism

Answer 8

• too much ‘leeway’ means justices can politicise their decisions
• modernising the constitution could make current ‘trends’ lifestyles
• unelected supreme court makes decisions about constitutional right (like gay rights) rather than congress (elected bunch)
• only 9 people get to vote and this could change the life of millions

Question 9

Constitutional rights

Answer 9

Those rights, such as the First Amendment freedom of speech clause, that are found in the US Constitution.

Question 10

Public policy

Answer 10

The laws, regulations and actions of government that flow from a wider political vision and desire to make changes.