US Supreme Court - Specification Key Terms

For A-Level Politics - US Supreme Court

Judicial Review

The power of the Supreme Court to declare Acts of Congress, actions of the executive, or Acts or actions of state governments, unconstitutional.

Conservative Justice

A judge who generally holds an originalist interpretation of the Constitution and favours following what the original framers of the Constitution meant. They are less likely to ‘discover’ new rights when considering cases. The term also implies a more right-wing stance on controversial issues, such as opposing abortion and supporting gun rights.

Judicial restraint

A term associated with conservative judges, referring to their general preference for not extending ‘judge-made law.’ The Constitution should be searched for ‘original intent.’ If it is silent on an issue (e.g. gay rights), the courts should not create law. That task belongs to elected politicians and legislatures.

Liberal Justice

A justice who interprets the Constitution more broadly in order to give people more freedom and bring about social change. They are more likely to ‘find’ new rights when hearing cases, especially those that benefit minority groups. It also suggests a more progressive stance on controversial issues such as supporting affirmative action, and retaining a clear separation between church and state in areas such as prayers in public (state) schools.

Swing Justice

In a Supreme Court finely balanced between conservatives and liberals, the swing justice is the centrist judge who often finds themselves holding the decisive casting vote in a 5-4 split.

Strict constructionist

A Supreme Court justice who interprets the Constitution strictly or literally, and tends to stress the retention of power by individual states.

Loose constructionist

A Supreme Court justice who interprets the Constitution less literally, and tends to stress the broad grants of power to the federal governments.

Originalism

A Supreme Court justice who interprets the Constitution in line with the meaning or intent of the framers at the time of enactment.

Living Constitution

The Constitution considered as a dynamic, living document, interpretation of which should take account of the views of contemporary society.

Judicial activism

A term traditionally associated with more liberal judges. It sees the Constitution as a ‘living document’ rather than as a static text. It involves an approach to judicial decision making that holds that the courts should use their position to promote desirable social ends. Such an approach focuses more on the ‘spirit’ of Constitution rather than the precise wording.

Imperial Judiciary

The view that the courts, most especially the Supreme Court, have become too powerful through their powers of judicial review and impact on public policy.

Stare decisis

A legal principle that judges should look to past precedents as a guide wherever possible (literally, ‘let the decision stand’).

Constitutional Rights

Those rights, such as the First Amendment freedom of speech clause, that are found in the US Constitution.

Public Policy

The laws, regulations and actions of government that flow from a wider political vision and desire to make changes. For example, affirmative action is one possible outcome from a desire to end discrimination and inequality towards black Americans.

Racial Equality

The belief that all races should be treated alike and not be discriminated against either by the state or by private individuals or employers.

Affirmative Action

A programme giving members of a previously disadvantaged minority group a head start in, e.g., higher education or employment.