Prentice Hall PoliticalScience Interactive. Thomas R. Dye Politics in America Chapter 13 Courts: Judicial Politics. Judicial Power.
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Thomas R. Dye
Politics in America
Courts: Judicial Politics
“The meaning of ‘due process’ and the content of terms like ‘liberty’ are not revealed by the Constitution. It is the Justices who make the meaning. They read into the neutral language of the Constitution their own economic and social views. Let us face the fact that the five Justices of the Supreme Court are the molders of policy rather than the impersonal vehicles of revealed truth.”
-Former Supreme Court Justice Felix Frankfurter
In over two centuries, the Court has struck down fewer than 150 of the more than 60,000 laws passed by Congress
A more frequent type of review, often with an impact that extends far beyond the state in consideration (Brown v. Board of Education)
“Joint and Severable” Liability
“Pain and Suffering” Awards
The Adversarial System
Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence
The Inquisitorial System
Judges take an active role in discovering and evaluating evidence, will question witnesses and intervene as deemed necessary
Race & Gender
A University of Oklahoma law professor, Anita Hill, claimed that Thomas had sexually harassed her. Thomas denied the charges.
Liberal and Conservative Voting Blocs on the Supreme Court
Question: Now I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one--a great deal, quite a lot, some, or very little?…The US Supreme Court
Legitimacy as a Restraint
Compliance with Court Policy
Presidential Influence on Court Policy