Constitutional Interpretation and Judicial Independence

These flashcards cover key concepts regarding constitutional interpretation, judicial review, and judicial independence, focusing on various interpretive methods and landmark cases.

Originalism

The interpretive approach asserting that the Constitution's meaning was fixed at the time it was written.

Textualism

An interpretive method focusing on the actual words in the text of the Constitution without considering historical context.

Living Constitutionalism

The belief that the Constitution evolves and adapts to modern societal norms and values.

Pragmatism

A constitutional interpretation focused on practical outcomes and policy implications, considering empirical evidence of effects.

Judicial Review

The power of courts to evaluate and invalidate laws or executive actions that are found to be unconstitutional.

Marbury v. Madison

The landmark case establishing the principle of judicial review in the United States.

Political Question Doctrine

A doctrine preventing courts from adjudicating issues that are more appropriately resolved by the political branches of government.

Selectivity in Incorporation

The judicial approach of applying the Bill of Rights to the states on a case-by-case basis rather than incorporating it in total.

Countermajoritarian Difficulty

The challenge posed when courts strike down laws that reflect the majority preference, placing judges above elected representatives.

Stare Decisis

The legal principle of determining points in litigation according to precedent.