US judicary Flashcards
The powers of SCOTUS
Veto powers via setting house rules but no positive agenda setting powers.
Important change of judge 2006
Justice O’Connor retired, replaced by Alito (now Conservative control)
Example of a court ruling that carved out social precedent
Earl Warren’s decisions on civil rights 1950s
DC vs Heller assert right to bear arms (2nd Amendment)
Roe vs Wade “right to privacy” that not in constitution
An alternative to “judicial activism” claims
Roosevelt’s “deference” based on institutional competence, lessons of history, defects in democracy and the costs of error
Example of Roosevelt’s deference standard being applied
Romer vs Evans (1996) strike down Colorado state laws persecuting homosexuals.
“Legitimate deference” because this group politically underrepresented in other spheres
Examples of SCOTUS being overridden by other branches of government
Congress passing the Lily Ledbetter Fair Pay Act (2009) and the President/Congress getting involved in Teri Schiavo’s case with “Palm Sunday Compromise” (2005)
3 different types of interpretation by court
Declare state law unconstitutional
Declare congressional law unconstitutional
Interpret statute without use of constitution