POLS 3302 Study Guide - Midterm Guide: Supremacy Clause, Legal Realism, Legal Formalism

• School: Northeastern University
• Department: Political Science
• Course: POLS 3302
• Professor: Michael C.Tolley

Document Summary

Understanding the courts as political institutions: legal formalism: mechanical jurisprudence. Judges are like a machine: legal realism: attacks this declaratory theory. Oliver wendell holmes: arose in 1920s-1930s as a response to legal formalism: i. Declaratory theory of law: judges present the law as is, without interpretation or ideology, mechanical jurisprudence : based on famous lecture by justice oliver wendell holmes: debunking myths of judicial decision making i. ii. Ultimate measure of the law is experience, not logic. Enlightened skepticism of legal decision making: types of legal realists in the early 20th century: i. ii. Rule skeptics: skeptical about judge"s choice of which law to apply, there are many. Social control i. ii: monitor government action iv. Political matters that are non justiciable because it raises a political question. These should be left to political processes like legislative body/elected officials. This is founded in the constitutional idea of separation of powers: jurisdiction: authority of courts to hear and decide cases.