Liberal and Conservative
Originalism - follow original meaning of constitution. DO NOT UPDATE IT.
Strict Constructionism - conservative.
Loose Constructionism - liberal and historical fashion. Constitution is a living document.
Legislating from the Bench - judges change or interpret the law.
Judicial Activism - addressing social or moral issues in legislation.
- "Liberalism causes subjectivity"
Roosevelt found NEW DEAL and economic policies blocked by SC as unconstitutional.
Roosevelt tried to add 6 more judges but was overuled by Congress because it undermines Sep of Pow.
Accepted convention that the SC is balanced with liberals and conservatives.
Warren, Burger and Rehnquist
Eisenhower, Nixon and Regan.
Warren - promoted judicial activism and kick started the civil rights movement in the 60s.
Limits to SC POWER.
-Cannot seek cases.
-Credibility is dependent on a balanced court.
-Bound by precedence
The Appointment Process
DEATH - RETIREMENT - IMPEACHMENT
PRESIDENT commissons a search for a candidate.
from aides, congress and professional groups.
SC justices are recruited from fed. courts of appeal.
FBI checks background
President interviews 2/3rds of finalists
Senate Judiciary Committee interview and Senators vote.
3 rejected since WW2
-times when court can sit
-number of justices
-work with congress to reform court.
The SC often stays in touch with public opinion.