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Supreme Court: Power and Policy-Making. AP Government and Politics Chapter 14: Wilson Homework : Assignment 16. Decisions in the supreme court. The Supreme court and policymaking.
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Supreme Court: Power and Policy-Making AP Government and Politics Chapter 14: Wilson Homework: Assignment 16
The Supreme court and policymaking • The Supreme Court exercises some not inconsiderable control over the policies that are made by both federal and state governments • How do they accomplish this? • Why might this be a controversial power of the Supreme Court?
Interpreting the Constitution • There are generally two ways that judges can look at the Constitution when making a decision: • Strictconstruction (aka, judicial restraint, or originalism) • This is the belief that laws should not be struck down by the court unless the text of the Constitution specifically forbids them; • Typically, a restraint position would not void a law unless the conflict with the Constitution was explicit, or required little interpretation. • Activism (or judicial activism) • Belief that the job of the court is to apply the Constitution to current circumstances, and consider the political, legal, economic or religious circumstances of the day when making decisions. • Typically, an activist position would void laws by pointing to the “spirit” or values embodied in the Constitution as applied to current circumstances
How can they be stopped? • Congressional checks on the power of the Court? • Public opinion as a check? • Do justices “read the papers?”
