POLSCI 319 Lecture Notes - Lecture 1: Warren Court, Electoral College, Sodium Hydride
22 Oct 2018
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Document Summary
They are thinking about the impact and influence of the court in new ways. Giving a critique of the standard model of judicial power. The standard model (traditional) of thinking about judicial power is misleading. The court strikes down a piece of legislature. This is difficult because the people who create legislature are supposed to be accountable. Countermajoritarian began with brown v board in the warren court. They argue the warren court is an anomaly. They argue that judicial power is connected to the choices of political actors. This gives context to the courts decisions where it doesn"t exist in the sv. The do"s and don"ts dispel the standard way of thinking about judicial power. Don"t assume that striking down a law is countermajoritarian. Can"t assume that because a law is actually supported by the popular majority of the people. Struck down equal access to public goods. Equal accommodations weren"t popular in the republicans.
