“Restraining” Judges
View judiciary as the third lesser branch.
Only overturn the other branches when absolutely necessary
“Activist” judges judicial role
View judiciary as the co equal branch
Could overturn the other branches in warranted
Recently - conservative judges
Voluntary Cooperation
i.e libertarina saying ppl that want to pay for the roads to get fixed should (no one ever does)
Visual primary
More likely to remember images than words
Uanimous Consent Agreement
Agreement on any question/matter before the senate that sets aside a rule of procedure to expedite proceedings
I.e. inacting people into defense roles (READing)
Us constitutions vs State constitutions
State constitiutions are more easily changed
Tyranny of the Majority
When the majority of ppl go against constituents
i.e. NC republicans overriding Roy Cooper’s veto of the 12 week abortion ban
Two faces of power
Trustee Representative
The representative does what it believes is best for its constituents
Theoretical Framework
Lenses of analysis
Textualism
Interpretation should be based on the ordinary meaning of the legal text, no consideration is given to non-textual sources (i.e. intention of the law, problem it was intended to remedy, whether law is just/correct)
Term limits
Instead of life time appointments for justices. move into a long single term
Bc of increased polarization, physical and mental health etc
Tangible Policy
Shape our attitudes about target gorups and policy
Policies that:
1. Direct and recurrent experience with
2. Policies that are intended to change broad views
Symbolic representation
Descriptive representation devoid of substantive impact (i.e. blue eyes)
Surrogate representaton
Representation w/out an electoral relationship
i.e. a gay person in a republican represented district might not feel representated they can reach out to a blue district to speak their truth
Supremacy Clause
Federal laws + constitutions trumps state laws + constitutions
Super Majority
way more than 50%
like 2/3s of the group
Substantive Representation
Elected representative has the same policy orientation as the constituents
Simple Majority
More than 50% of those present and voting
Social Constructions Theory
Policymakers take stock of characteristics of groups (stereotypes and political power) to make and justify their policy making decisions
Policies get implemented/developed
Policies have a direct effect on targets but also have ramifications for how they understand themselves/role of gov
Ppl feel empowered/disempowered to participate in politics
Policy makers take stock of characteristics…
Shadow Docket
Use of emergency orders and summary decisions w/out oral arguments and usually w/out explanation
Usually used for “routine” orders, during trump admin used a lot bc of suing
Separations of Powers
Executives - not to weak; electoral college( org. individuals vote for electors, who vote for prez, now: individuals vote for prez, electoral selected by which party won)
Legislative- 2 branches w dif modes of elections w/ dif constituencies and dif incentives
Judiciary- weakest by designs SCOTUS nomed by prez for life
Separation of powers (judiciary)
SCOTUS has moved from being the weakest branch to an equal branch bc congress has voluntarily given up power
Self government
PPL should self govern (hoover), function of gov is to build cooperation