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Supreme Court
The role of the judiciary

Responsibility of judges to adjudicate ­ to do this, they resolve disputes that can't
be settled without legal action
They reach conclusions according to a set of rules, such as referring to previous
judgments

Philosophy of the justices

Strict constructionists

A justice who…

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Judicial restraint

The court when it is more inclined to accept what has gone before ­ leave
things as they are ­ more associated with justices who are strict
constructionists
Importance on what is called stare decisis ­ to stand by what is decided
Once a matter has been decided…

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Another situation ­ Bush nominated another conservative Clarence Thomas ­
senate didn't focus on his lackluster qualifications but focused on his
conservative philosophy & sexual harassment allegations
Samuel Alito's nomination saw soft questions thrown at him from senators
from the presidents party
If senate is dominated by the presidents party,…

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The supreme court has involved itself in a host of political issues ­ acting as
grantor of fundamental civil rights and liberties ­ S.C has made landmark
decisions on issues such as rights of racial minorities, capital minorities, gun
control & freedom of speech
The political importance of the court…

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The term more fully is due process of law and although no precise legal
definition of the term has been made, it is understood to refer to the
principle of limited government.
There are 2 types of due process referred to by the courts.
Substantive due process demands that the…

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Freedom of speech:

Citizen United v. Election Commission 2010 ­ Declared corporations
to have the same rights as individuals (financial contributions to
campaigns) over turning key elements in the Bipartisan Campaign
Reform act.

Right to bear arms:

United state v. Lopez 1995 ­ Unconstitutional 1990 Gun-free school
zones act, Congress…

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Power to pardon.

Other checks:

No enforcement powers (Brown v Board ­ only implemented by
Eisenhower sending in troops to Little Rock in 1957).
Has to wait for a case to come before it ­ cannot review legislation on
a hypothetical basis.
Some parts of the constitution are unambiguous.

Can…

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