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lecture 12 - (Lecture 12 Judicial Review PBS The Supreme...

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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
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