POLI 4021 Mid term LSU--- Theories of Constitutional Interpretation and Methods

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ladonna1990
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POLI 4021 Mid term LSU--- Theories of Constitutional Interpretation and Methods
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2012-10-09 21:39:37
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POLI 4021 Mid term LSU Theories Constitutional Interpretation Methods
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POLI 4021 Mid term LSU--- Theories of Constitutional Interpretation and Methods
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  1. 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"
  2. Texualism 
    Emphasizes on what the Constitution says 
  3. Original meaning
    Considers what a clause ment or how it was understood to those who enacted it "language"
  4. Judicial Resraint
    Judges defer to to the policy judgements of elected official
  5. Judicial Activism
     Judges exceed their proprt autority by injecting their own viewpoints into constitutional interpretation 
  6. Flexible Interpretation 
    the meaning of the Constitution should be allowed to change with evoving values, social conditions, and problems 
  7. Living Constitution 
    The idea the Constitution should evolve over time to meet the needs of the citizenry 
  8. institutional Legitimacy 
    the theory that the court power stems from public confeidence in its fairness
  9. 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 
  10. Attitudinal Modeel 
    Theory that SC Justices decision s are driven by their aditudes and values 
  11. Rational Choice Modle/ Strategic Actor 
    Theory that Supreme Court Justices vote strategically in order to advance their preferred goals
  12. Neo-Institutional Model 
    • Court exist in a larger political system 
    •     Couts rules and procedures shape decision a- making 
  13. 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 
  14. Goverment Gorilla 
    (kritzer 2003) The government, in particular posses exceptionally high sucess rate in the SC 
  15. Solicitor General
     The Fourth-ranking member in the Department of Justice, represnts the fed gov in the supreme court 
  16. implementation 
    how and whether judicial decisions become public policy 
  17. Impact 
    Courts ability to influence change 

  18. Direct effect 
    Court ruling mirror public opinion 
  19. Indirect effect 
    Appointment of new justices to the court keeps justices in-line with the public 

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