POLSC-121 Lecture Notes - Lecture 5: Living Constitution, Rela, Originalism
Document Summary
Judicial branch: name the constitutional power of the judicial branch and describe its scope, outline the structure of the u. s. " dual court system and the path cases take to get to the supreme. Court: predict which types of cases the supreme court is most likely to accept for review. Explain how judicial decisions are made and thoughtfully critique various judicial decisions. "actual case or controversy," jurisdiction, precedent, judicial review, living constitution theory, original intent. Not specifically stated in the constitution but part of holding in marbury v. Big power, often very controversial but necessary for courts to have any real authority (otherwise only issuing advisory opinions) Constitution and protects minority rights: critique undemocratic for unelected judges to have final say, power of judges also includes fact that they remain in office for life. Limits on judicial power: may only rule on an actual case or controversy.