influences on the Supreme Court

What is judicial review?

The power of courts to declare laws unconstitutional and invalidate them.

What is the counter-majoritarian difficulty?

The tension created when unelected judges overturn laws passed by democratic legislatures.

What is originalism?

The theory that the Constitution should be interpreted according to its original public meaning at the time it was ratified.

What is textualism?

A legal method that emphasizes interpreting legal texts based strictly on their wording.

What is the concept of a “living Constitution”?

The idea that constitutional interpretation should evolve with modern values and circumstances.

What is judicial restraint?

The belief that courts should defer to elected branches unless a law clearly violates the Constitution.

What is judicial activism?

The idea that courts go beyond interpreting the law and instead create new constitutional rules.

What is stare decisis?

The legal principle of following precedent to ensure consistency in the law.

What is the plain meaning rule?

A rule that states if a statute’s language is clear

What are canons of construction?

Interpretive principles used by courts to clarify ambiguous legal texts.

What is Chevron deference?

A doctrine requiring courts to defer to reasonable interpretations of statutes made by administrative agencies.

What is a class action lawsuit?

A legal case in which a group of people collectively bring a claim to court.

What is arbitration?

A private process used to resolve disputes outside the traditional court system

What is an amicus curiae brief?

A submission to the Court by a non-party offering arguments or data to inform the decision.

Why are amicus briefs influential?

They present new perspectives

What is a Supreme Court clerk?

A legal assistant who helps a justice by drafting opinions

What is a “feeder judge”?

A lower court judge whose clerks often go on to work for the Supreme Court.

What is the role of public opinion in Court decisions?

In politically sensitive cases

What is vertical implementation?

When the Court relies on lower courts to enforce its rulings.

What is horizontal implementation?

When the Court relies on outside institutions

What is strategic judicial behavior?

When justices modify their decisions to preserve legitimacy or avoid political resistance.

What is the purpose of the Bill of Rights?

To protect individual liberties from government overreach.

What is the Equal Protection Clause?

A clause in the 14th Amendment guaranteeing all citizens equal protection under the law.

What is the Due Process Clause?

A constitutional guarantee that laws and legal proceedings must be fair and follow established rules.

What is substantive due process?

The interpretation that the Due Process Clause protects certain fundamental rights beyond procedure.

What is process-based judicial review?

A theory that courts should focus on ensuring fair democratic procedures

Why is the Court considered anti-democratic by some critics?

Because it frequently invalidates laws supported by the majority.

What is the role of precedent in constitutional law?

It promotes stability but may conflict with evolving interpretations or original meanings.

What is fundamental rights analysis?

A method courts use to determine if a right deserves strong protection

What are implied rights?

Rights not explicitly stated in the Constitution but inferred from its structure or amendments.

What is the separation of powers?

The division of government authority into legislative

What is federalism?

The constitutional division of power between the federal government and the states.

What does the First Amendment protect?

Freedom of speech

What does the Second Amendment concern?

The right to keep and bear arms.

What does the Fourth Amendment protect?

Against unreasonable searches and seizures.

What is the significance of Marbury v. Madison?

It established the Supreme Court’s power of judicial review.

What is the significance of Brown v. Board of Education?

It declared racial segregation in public schools unconstitutional.

What did Roe v. Wade establish?

A constitutional right to abortion based on privacy rights under the Due Process Clause.

What did Citizens United v. FEC rule?

That corporations have First Amendment rights to spend money in elections.

What did Shelby County v. Holder do?

It invalidated parts of the Voting Rights Act

What did Obergefell v. Hodges establish?

That same-sex couples have a constitutional right to marry.

What did NFIB v. Sebelius uphold?

The Affordable Care Act’s individual mandate as a valid exercise of Congress’s taxing power.

What does the Commerce Clause allow?

Congress to regulate interstate economic activity.

What is the Necessary and Proper Clause?

Gives Congress authority to pass laws essential to carrying out enumerated powers.

What is the Supremacy Clause?

Establishes that federal law takes precedence over state laws.

What is the Establishment Clause?

Prohibits the government from establishing an official religion.

What is the Free Exercise Clause?

Protects individuals’ rights to practice religion freely.

What is strict scrutiny?

A standard requiring the government to prove a law is narrowly tailored to serve a compelling interest.

What is intermediate scrutiny?

Used in gender discrimination cases; the law must serve an important interest and be substantially related.

What is rational basis review?

The lowest level of scrutiny; law must be rationally related to a legitimate government interest.

What is mootness?

When a case is no longer relevant or actionable at the time of decision.

What is standing?

A requirement that a party must show a personal stake in the outcome of a case to bring it to court.

What is ripeness?

A doctrine that prevents courts from hearing cases too early before a real dispute exists.

What is judicial supremacy?

The idea that the Supreme Court has the final say on constitutional interpretation.

What is coordinate construction?

a theory of constitutional interpretation where multiple institutions play a role in shaping the meaning and application of the Constitution

What is selective incorporation?

The process by which the Bill of Rights has been applied to the states via the 14th Amendment.

What is a civil liberty?

A protection from government interference (e.g.

What is a civil right?

A legal guarantee of equal treatment under the law (e.g.

What is the role of the Solicitor General?

The federal government’s chief advocate before the Supreme Court.

What is court packing?

Changing the number of justices on the Court

What is judicial legitimacy?

Public trust in the Court’s impartiality and authority.

What is the major questions doctrine?

A principle that courts expect Congress to speak clearly if it intends to delegate decisions of vast economic or political significance.

What is shadow docket?

The Court’s use of emergency or unsigned decisions outside of regular procedures.

What is legal realism?

The belief that judicial decisions are influenced by personal

What is formalism?

The idea that judges apply legal rules neutrally without personal influence.

What is the theory of popular constitutionalism?

That the meaning of the Constitution should reflect the views and actions of the people.

Why is the Court often viewed as pro-business?

Because it consistently rules in favor of corporate interests

Why is diversity in clerk hiring important?

It ensures broader perspectives in judicial decision-making and reduces elite insularity.

Why do some worry about elite lawyer dominance at the Court?

Because it concentrates power among a narrow group with corporate ties

Why are ethics reform proposals gaining traction?

Because of rising concerns about transparency