POL SCI 1 Lecture Notes - Lecture 17: Equal Protection Clause, Nationalization, Alexander Bickel
Document Summary
Agenda: thursday: chevron auditorium, international house, the least dangerous branch, court capacities and constraints, the counter-majoritarian difficulty, judges: philosophers or politicians, the courts and civil liberties. Hamilton, federalist 78: court is least dangerous branch, no influence over either the sword or the purse , it may truly be said to have neither force nor will but merely judgment . Four constraints on judicial power: limited ability to set agendas, lack of enforcement power, counter-moves from other branches, other branches control appointments. Constraint #3: threatening the court: sanctions available to congress / president, can override statutory decisions (e. g. civil rights restoration. Act of 1988: constitutional amendment push (income tax, impeachment threats, court-packing (1937 fight, switch in time that saved nine . Society: today: confirmation battles make surprises less likely. Civil rights / liberties decisions: school desegregation (brown v. board of education, abortion (roe v. wade, gay marriage (obergefell v. hodges, guns (district of columbia v. heller)
