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ladonna1990
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Original Intent/ Strict constuctionist
(Ask what the framers initially envisioned) The Constitition should be in terprted in strict accordance with the original meanin intended by the "Framers"
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Texualism
Emphasizes on what the Constitution says
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Original meaning
Considers what a clause ment or how it was understood to those who enacted it "language"
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Judicial Resraint
Judges defer to to the policy judgements of elected official
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Judicial Activism
Judges exceed their proprt autority by injecting their own viewpoints into constitutional interpretation
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Flexible Interpretation
the meaning of the Constitution should be allowed to change with evoving values, social conditions, and problems
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Living Constitution
The idea the Constitution should evolve over time to meet the needs of the citizenry
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institutional Legitimacy
the theory that the court power stems from public confeidence in its fairness
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the Legal Model
- The theory that the SC Justices follow preecdent and legal theory when making decision
- Judges do not make laws they interpret
- Judges personal preferences do not influence their decisions
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Attitudinal Modeel
Theory that SC Justices decision s are driven by their aditudes and values
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Rational Choice Modle/ Strategic Actor
Theory that Supreme Court Justices vote strategically in order to advance their preferred goals
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Neo-Institutional Model
- Court exist in a larger political system
- Couts rules and procedures shape decision a- making
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Resources Advantages in Court
Galanter (1974) argued that wealthy parties before the courts have considerable advantages
- Better representatio
- Familarity with legal system
- The ability to use the court to advance an agenda over time
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Goverment Gorilla
(kritzer 2003) The government, in particular posses exceptionally high sucess rate in the SC
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Solicitor General
The Fourth-ranking member in the Department of Justice, represnts the fed gov in the supreme court
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implementation
how and whether judicial decisions become public policy
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Impact
Courts ability to influence change
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Direct effect
Court ruling mirror public opinion
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Indirect effect
Appointment of new justices to the court keeps justices in-line with the public
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