Study guide 529Key terms
strict construction (p. 515)
original intent (p. 516)
living Constitution (p. 516)
attitudinalist approach (p. 517)judicial restraint (p. 519)
judicial activism (p. 519)Summary
The Court makes decisions based on legal factors such as precedent
and informal norms, and political factors such as the justices’ own
ideologies and positions on the role that the Court plays in government.
Although the Court does not consider public opinion the way elected
officials do, most decisions generally stay in step with the public.Practice Quiz Questions
- The perspective that when the Constitution is not clear, the
justices should be guided by what the Founders wanted is
called.
a judicial activism
b strict construction
c original intent
d the attitudinalist approach
e the interpretive statute - Advocates of argue that the Court must defer to the
elected branches and not strike down their laws.
a judicial restraint
b judicial activism
c judicial limitation
d legal maximization
e the strategic model
The role of the Court in our
political system
Assess the Supreme Court’s power in the political system.
(Pages 521–526)Summary
Given the constitutional weakness of the Court, it is unclear how it
is able to enforce its decisions. Depending on context, the Court is
occasionally able to force its views on the elected branches, although
more often it requires their support.Practice Quiz Question
- In general, the Court hallenges with the elected c
branches and often to act on “political questions.”
a avoids; agrees
b avoids; refuses
c pursues; agrees
d pursues; refuses
Suggested Reading
Baum, Lawrence. Judges and Their Audiences: A Perspective on Judicial
Behavior. Princeton, NJ: Princeton University Press, 2006.
Black, Ryan C., and Ryan J. Owens. The Solicitor General and the
United States Supreme Court: Executive Influence and Judicial
Decisions. New York: Cambridge University Press, 2012.
Cornell University Law School, Supreme Court Collection, http://www.law.
cornell.edu/supremecourt/text/home.
Hansford, Thomas G., and James F. Spriggs II. The Politics of
Precedent on the U.S. Supreme Court. Princeton, NJ: Princeton
University Press, 2006.
Northwestern University, Oyez: Supreme Court Multimedia,
http://www.oyez.org.
O’Brien, David M. Storm Center: The Supreme Court in American
Politics, 11th ed. New York: W. W. Norton, 2017.
Posner, Richard A. The Federal Judiciary: Strengths and Weaknesses.
Cambridge, MA: Harvard University Press, 2017.
Rosen, Jeffrey. The Most Democratic Branch: How the Courts Serve
America. New York: Oxford University Press, 2006.
Sunstein, Cass R., David Schkade, Lisa M. Ellman, and Andres
Sawicki. Are Judges Political? An Empirical Analysis of the Federal
Judiciary. Washington, DC: Brookings Institution Press, 2006.
Tushnet, Mark. A Court Divided: The Rehnquist Court and the Future
of Constitutional Law. New York: W. W. Norton, 2006.
U.S. Supreme Court website, http://www.supremecourt.gov.Full_15_APT_64431_ch14_488-529.indd 529 16/11/18 1:47 PM