POLI SCI 411 Midterm: midterm1review.doc
29 Oct 2014
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Document Summary
Court s attempt to self impose restrictions so that they do not have to get involved in every case. The doctrine that a court may review law or policy and invalidate it if, in the. Concerns: legitimacy of a non-elective body striking down legislation passed by the people s representatives anti-majoritarian (and hence, anti-democratic) Arose first from the marbury v. madison case. Judges are to simply apply the law, regardless of how they might feel personally about the effects of a specific law. Thus, courts should use the power to strike down legislation only when law is especially egregious. Requires vote of 4 justices to be accepted for decision on the merits (rule of 4) Cases reviewed by cert pool of clerks (except justice stevens) Interpreting the constitution from the stand/viewpoints of the founders. Literalism: focuses on the actual words and articulation of the constitution, plain-reading of the text of the constitution, justice black no law means no law .
