lecture 13 - (Lecture 13 Judicial Review Judicial restraint...

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2/24/10: (Lecture 13) Judicial Review: Judicial restraint: o Majority rule and democracy Judicial activism: Minority rights and democracy Activism and Restraint: Whose ox is going gored? Activism has been connected to liberalism while restraints have been connected to the intent of the Framers Need to get away from these thoughts Activism and restraint in the service of different ideologies Ex. of Rehnquist (conservative) and Brennan (liberal) [graph] Both drew upon precedent the most, then sociological argument, and there is not a very big difference between the two in the use of the intent of the framers Data shows that the modes of interpretation and activism and retreatism is not that connected . The role of the supreme court in national policymaking Dahl- testing whether the court (judicial review) serves to protect the interest of political minorities Data: studies all federal laws declared unconstitutional Findings: few, most are not important, decisions striking down important laws soon reversed by later decisions, congressional revision or amendment Most decisions where not important in that they didn’t deal with the decisions of the day and mostly dealt with the mechanisms of keeping the branches in check What is the court’s role if it isn’t to support minorities with the power of judicial review
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