This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: 2/22/10: (Lecture 12) • Judicial Review: • PBS: The Supreme Court: Volume One, Nation Under Law o [Movie Clip] Discusses the rise of judicial review through Marbury v Madison The political context: the supreme court has always been political The political argument unanswered then and today- why is the SC the “better” institution for making the determination of whether ordinary law (legislation) conforms to the Constitution? The consequences: data & debates [graph that shows how the striking down of legislation has increased up through today from 0 and is consistent] Shows scope of their power When does the court overturn legislative and executive choices? Judicial Restraint v. Judicial activism Do not have an ideological component Connected to majority rule and minority rights Judicial restraint: the arguments Majority rule and democracy, overturning acts of congress should be rare (not never, just rare) Restrained in use of judicial power We hold government accountable, but we can’t hold SC justices accountable because they...
View Full Document
This note was uploaded on 12/01/2011 for the course POL 150 taught by Professor Gates during the Winter '08 term at UC Davis.
- Winter '08