AP Government and Politics
Chapter 14: Wilson
Homework:
Multiple Choice Test
 The
Supreme Court exercises some not
inconsiderable control over the policies that
are made by both federal and state
governments


How do they accomplish this?
Why might this be a controversial power of the
Supreme Court?

There are generally two ways that judges can look at
the Constitution when making a decision:

Strict construction (aka, judicial restraint, or originalism)

This is the belief that laws should not be struck down by the court
unless the text of the Constitution specifically forbids them;


Typically, a restraint position would not void a law unless the
conflict with the Constitution was explicit, or required little
interpretation.
Activism (or judicial activism)

Belief that the job of the court is to apply the Constitution to
current circumstances, and consider the political, legal, economic
or religious circumstances of the day when making decisions.
 Typically, an activist position would void laws by pointing to the
“spirit” or values embodied in the Constitution as applied to
current circumstances
 Congressional
checks on the power of the Court?
 Public opinion as a check?

Do justices “read the papers?”