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AP GOV 2.10-2.11
Term | Definition |
---|---|
Concurring opinion | A written opinion by a judge who agree's with the majority decision in a case but provides different reasons or justifications for reaching that outcome. |
Dissenting opinion | A written opinion by a judge who votes against the majority |
Liberal Constructionist | Interprets the Constitution as a living document and takes into account changes and social conditions since ratification |
Strict Constructionist | Interprets the Constitution in its original context |
Majority opinion | The Judicial opinion that reflects the view held by more than half of the judges on a court |
Petition for certiorari | A formal request filed with the Supreme Court asking them to review decisions made by a lower court |
Rule of Four | A Supreme Court practice where at least four justices much vote to grant a writ of certiorari for it to be reviewed by the full court |
Judicial Activism | The practice of judges making rulings based on their policy views rather than their honest interpretation of the current law |
Judicial Restraint | The concept of a judge not injecting his or her own preference into legal proceedings and rulings |
"Nuclear option" | The changing of the Senate rules to override a rule for Filibuster by a simple majority of 51 votes instead of 60. Bush: Senate Republicans threatened to change the rules to disallow the filibuster, which could be done with a simple majority vote. |
Senatorial courtesy | Allows a Senator of the Presidents political party to veto a judicial appointment in her or his side. |
Standing | The requirements for bringing a case to court |
Robert Bork | An advocate for "originalism" & hated the rulings of the Warren Court, a time where SCOTUS was very liberal. Deemed as confrontational & nasty. Joe Biden and Kennedy HATED him because of his conservative views. |
"To Bork" | To destroy a judicial nominee through a concerted attack on his character, background, and philosophy- defined by New York Times |
Merrick Garland | Nominated judge by Obama when term was ending. Republican Senate Majority denied the nomination by promising to use the "nuclear option" although Garland was Avery qualified judge rating from the ABA. Holding off until Trump won the election. |
Clarence Thomas | Nominated Conservative U.S. Appeals Court Judge, who as a African American, reflected the lefts desire for diversity and the rights desire for a strict constructionist. Liberals had issues with his conservative ideology & his 1 year experience. |
Clarence Thomas pt.2 | Later accused of Sexual misconduct by former employee, went to trial, they tied(they were all white), and he was confirmed. |