Policy

Question 1

direct policy making

Answer 1

judge produces rule on the issue with a direct effect on policy. Making a policy change something that wouldn’t pass as a law

Question 2

indirect policy making

Answer 2

lawsuit verdicts transfer money from businesses and governments to the victims. Making a policy to save a business

Question 3

counter-majoritarian behavior

Answer 3

making a direct policy that likely would not pass in the political process

Question 4

because of there concern about courts legitimacy

Answer 4

Supreme Court rarely takes positions with little support

Question 5

no: framers intended judiciary to have no power of purse or sword only judgment
yes: framers viewed the judiciary as the branch to interpret it as necessary

Answer 5

does the constitution give courts power to make policy?

Question 6

no: federal judges are not accountable to public or other branches
yes: constitution protects against tranny of majority since courts interpret the constitution

Answer 6

is it appropriate for courts to make policy in a representative democracy?

Question 7

tranny of majority

Answer 7

placing your own interest above at the cost of those in the minority

Question 8

judicial review

Answer 8

review by the US Supreme Court of the constitutional validity of a legislative act

Question 9

role perceptions

Answer 9

judicial restraint appropriate, so judges do not advance own policy preferences keeps judiciary from becoming too powerful

Question 10

other branches of government

Answer 10

the incentive to minimize conflicts with congress/president, especially in the statutory interpretation: judicial review of state/ congressional laws)

Question 11

constitutional amendments

Answer 11

to overturn unpopular decisions on constitutional interpretation; success rare, only 4 decisions overturned by this

Question 12

appointment process

Answer 12

policy views on Supreme Court never long out of line with Senate/President
each president appoints at least 2 justices

Question 13

compliance

Answer 13

enforcement by other branches or reaction by lower courts to judicial decisions

Question 14

compliance concerns 1

Answer 14

outright refusal by low courts to not follow the Sup Cts decision

Question 15

compliance concern 2

Answer 15

implicit noncompliance- lower courts appear to follow higher courts while evading implications of precedent

Question 16

compliance concern 3

Answer 16

ambiguity in precedents, low probability of reversal, give lower courts room to maneuver

Question 17

courts as effective policy makers

Answer 17

doubtful courts and judges

Question 18

cant choose their cases, can’t control the timing of decisions, generalists; not specialists, difficult to evaluate complex cases. confronts unique cases, limits potential solutions. No power of purse or sword, need enforcement by other branches of government

Answer 18

not effective why

Question 19

impact of judicial policymaking on society

Answer 19

those that disapprove Sup Ct polices depict powerful forces. Others argue Sup Ct decisions little impact. While the impact of courts exaggerated the importance of courts well-warranted. Courts not disengaged from social, political forces in society