POLI202 Study Guide - Exam 3

POLI202 Study Guide - Exam 3 - POLI202 3rd Exam 1...

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rd Exam 1. Separation of powers makes it likely that the Court’s decisions are affected by Congress and the President BECAUSE: - Framers’ system creates incentives for cooperation - Policy goals require support from other branches - Justices should pursue their goals in light of the goals of the other branches (behave strategically) - Justices are aware of potential animosity 2. How do we know that the justices behave strategically in light of the preferences of the elected branches? - Maximize institutional authority - Deference to Congressional enactments - Deference to President - Partisan control of elected branches 3. What was the importance of Marbury v. Madison (1803)? - Court sought to increase its influence, maximize institutional authority - Example of Court using strategic behavior 4. How can we evaluate strategic decision-making? - Consider all possible outcomes - Assign a preference order to both parties - Determine if each pursued his best strategy, given the available options 5. What is an example of the Supreme Court exercising deference to congressional enactments? - Invitations to override (Court follows the law, but suggests Congress overrule the Court) Ex) Mansell v. Mansell (1989): In a divorce, is a veteran’s retirement pay “property”? Ex) Gonzales v. Raich (2005): Can Congress outlaw the purely local use of marijuana, when authorized by state law for medical purposes? 6. What is a good test of strategic behavior by the Court? - Whether Court asks Congress to enact its preferred policy, and whether Congress acts on invitation Congress often acts on invitation 7. When do invitations to override occur? -When the Court senses opposition to following the law - In less salient cases (“justices care more about civil rights than copyrights”) - When the Court prefers a contrary outcome (when justices prefer the overridden policy to the Court’s policy) – Test: When liberal justices vote for a conservative outcome, and vice versa 8. How does the Court know there is opposition to following a law? - By the number of amici its decision opposes
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POLI202 Study Guide - Exam 3 - POLI202 3rd Exam 1...

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