Discuss the legal influences on judicial decisions, including the Constitution, the facts of the case, legal precedent, and statutory and administrative law.
Distinguish between originalism theory and the living constitution theory, characterizing each.
Marbury v. Madison (1803) is the case most closely associated with judicial review. Define judicial review. What impact can that power have on the other two branches of government in particular and on American society in general? Is the power specified in the Constitution?
Judicial restraint and judicial activism are the terms that describe the degree to which judges should defer to precedent and elected officials. Define these two terms, and tell how they relate to the Constitution as a living document. Identify at least one Supreme Court judge who has been associated with each doctrine.
Brown v. Board of Education of Topeka (1954) produced a landmark decision that dramatically changed American society. Using this case or another landmark case as an example, discuss how Supreme Court decisions can affect everyday American life.