Judicial Process and Decision Making Exam 2

Compliance

The degree to which individuals groups or institutions conform their behavior to the dictates of a court ruling

Compliance Spectrum

The idea that compliance ranges from zero compliance to partial compliance to full compliance depending on behavior

Inter Partes

Legal effect meaning a decision is binding only on the parties involved in the case

Erga Omnes

Legal effect meaning a decision effectively applies broadly to all actors even though formally binding only on the parties

Mandatory Compliance

Direct compliance enforced by courts through mechanisms such as contempt power

Anticipatory Compliance

Voluntary compliance by individuals or institutions who were not parties to a case but change behavior to avoid legal risk

Legitimacy of Courts

The level of public trust and acceptance of judicial authority which is the most important factor influencing compliance

Rule of Law

Principle that all individuals and institutions including government actors are subject to and accountable under the law

Worcester v Georgia 1832

Case where the Supreme Court ruled in favor of Cherokee sovereignty but lack of executive enforcement led to noncompliance and the Trail of Tears

Cooper v Aaron 1958

Case reaffirming Brown v Board where federal executive enforcement ensured compliance with desegregation

Engel v Vitale 1962

Case banning school sponsored prayer that demonstrates how informal noncompliance can persist without enforcement

Judicial Impact

The broader effects of court decisions on political systems institutions and society beyond simple compliance

Canon Johnson Model

Framework explaining how judicial decisions resonate through society by affecting multiple populations

Canon-Johnson Model Interpreting Population

Lower court judges and legal actors who interpret judicial rulings and define their meaning for application

Canon-Johnson Model Implementing Population

Government officials and bureaucrats responsible for carrying out judicial decisions

Canon-Johnson Model Consumer Population

Individuals and groups directly affected by judicial decisions who experience their benefits and burdens

Canon-Johnson Model Secondary Population

Groups and institutions that respond to judicial decisions and provide feedback influencing future policy and implementation

Reapportionment Revolution

Series of cases including Reynolds v Sims that enforced equal representation and shifted political power toward urban areas

Reynolds v Sims 1964

Case establishing the principle of one person one vote and ending malapportionment in legislative districts

Gerald Rosenberg Hollow Hope

Argument that courts are limited in their ability to produce social change and depend on other branches for real impact

Brown v Board Limited Impact Thesis

Rosenberg’s argument that desegregation only significantly advanced after the Civil Rights Act tied federal funding to compliance

Roe v Wade Backlash Thesis

Rosenberg’s argument that Roe may have slowed abortion access by mobilizing opposition movements

Dynamic View of Courts

Perspective that courts can independently produce major social change

Constrained View of Courts

Perspective that courts are limited by institutional constraints and require support from other actors to produce major social change

Dobbs Impact

Despite restrictions total abortions increased due to telehealth and medication access showing complex judicial impact

Dual System of Courts

The structure of the American judiciary consisting of both federal and state court systems creating overlapping jurisdiction and multiple avenues for legal claims

Double Source of Rights Protection

The idea that individuals can rely on both federal and state constitutions to protect and expand rights

Nationalization of the Bill of Rights

The process by which the Supreme Court applied Bill of Rights protections to the states through the Fourteenth Amendment

Barron v Baltimore 1833

Case establishing that the Bill of Rights originally applied only to the federal government

Fourteenth Amendment

Amendment providing due process and equal protection which became the basis for incorporation of rights

Selective Incorporation

Doctrine applying specific rights from the Bill of Rights to the states over time

Gitlow v New York 1925

Case incorporating freedom of speech against the states

Mapp v Ohio 1961

Case applying the exclusionary rule to the states

Gideon v Wainwright 1963

Case guaranteeing the right to counsel in criminal cases

New Judicial Federalism

Movement where state courts interpret their own constitutions to expand or create rights beyond federal protections

Causes of New Judicial Federalism

State court reforms, federal retrenchment on rights, federal avoidance of issues, and new judicial perspectives

Independent and Adequate State Grounds Doctrine

Principle that the Supreme Court will not review state decisions based on independent state law grounds

Federal Floor State Ceiling

Concept that federal rights are minimum protections while states can expand beyond them but not go below

States as Laboratories of Democracy

Idea that states can experiment with new policies and rights without national consequences

Analogous Rights

Rights in state constitutions that mirror federal constitutional rights

Unique State Rights

Rights found only in state constitutions such as education or housing rights

Primacy Model

State courts rely primarily on their own constitutions

Supplemental Model

State courts expand rights beyond federal protections

Lockstep Model

State courts follow federal interpretations exactly

Abbott v Burke 1985

Case recognizing a right to adequate education under a state constitution

Goodridge v Department of Public Health 2003

Case recognizing same sex marriage under the Massachusetts Constitution

Civil Gideon

State level provision of legal counsel in civil cases for low income individuals

Right to Shelter

State recognized right requiring provision of housing assistance to families in need

Role of Courts in Democracy

Courts function as political institutions that interpret law resolve disputes and shape policy within a broader political system

Tocqueville Thesis

The observation that nearly all political questions in the United States eventually become judicial questions

Courts as Political Institutions

Courts operate within a political environment and are influenced by social and political forces

Judges as Political Actors

Judges make decisions influenced by policy preferences and broader political considerations

Separation of Powers Function

Courts maintain boundaries between branches by invalidating unconstitutional actions

Federalism Function

Courts resolve conflicts between national and state authority

Protection of Rights Function

Courts safeguard individual liberties especially for minorities

Administrative Oversight Function

Courts review actions of bureaucratic agencies for legality

Rule of Law Function

Courts ensure laws are applied equally to all individuals

Counter Majoritarian Difficulty

The tension created when unelected judges overturn decisions of elected majorities

Tipping Function of Courts

Courts align with dominant political coalitions during key historical moments and help implement regime change

Regime Maintenance Theory

Theory that courts eventually support the dominant governing coalition of the time

Robert McCloskey Insight

Courts tend to follow broader public opinion and political trends

Pendulum Theory

The idea that the Supreme Court shifts ideologically over time between liberal and conservative periods

Warren Court

Liberal era expanding civil rights and liberties

Burger Court

Moderate era following the Warren Court

Rehnquist Court

Conservative era limiting federal power

Roberts Court

Strongly conservative era with a stable majority

Obergefell v Hodges 2015

Case recognizing same sex marriage as a constitutional right

Dobbs v Jackson Women’s Health Organization 2022

Case overturning Roe and removing federal protection for abortion rights

Abusive Judicial Review

When courts either uphold laws that undermine democracy or directly weaken democratic systems

Weak Abusive Judicial Review

Courts uphold laws that erode democratic protections

Strong Abusive Judicial Review

Courts actively undermine democratic institutions

Paradox of Judicial Power

Courts are both democratic when protecting rights and undemocratic when overriding majority decisions

Liberal Judicial Activism

Decisions expanding rights such as Brown Roe and Obergefell

Conservative Judicial Activism

Decisions advancing conservative policy outcomes such as Citizens United Heller Dobbs and Trump v United States