POLI 4021 Mid term LSU--- Theories of Constitutional Interpretation and Methods

(Ask what the framers initially envisioned)  The Constitition should be  in terprted in strict accordance with the original meanin intended by  the "Framers"

Emphasizes on what the Constitution says 

Considers what a clause ment or how it was understood to those who enacted it "language"

Judges defer to to the policy judgements of elected official

 Judges exceed their proprt autority by injecting their own viewpoints into constitutional interpretation 

the meaning of the Constitution should be allowed to change with evoving values, social conditions, and problems 

The idea the Constitution should evolve over time to meet the needs of the citizenry 

the theory that the court power stems from public confeidence in its fairness

• The theory that the SC Justices follow preecdent and legal theory when making decision 
•      Judges do not make laws they interpret
•     Judges personal preferences do not influence their decisions 

Theory that SC Justices decision s are driven by their aditudes and values 

Theory that Supreme Court Justices vote strategically in order to advance their preferred goals

• Court exist in a larger political system 
•     Couts rules and procedures shape decision a- making 

Galanter (1974) argued that wealthy parties before the courts have considerable advantages

•    Better representatio 
•    Familarity with legal system 
•    The ability to use the court to advance an agenda over time 

(kritzer 2003) The government, in particular posses exceptionally high sucess rate in the SC 

 The Fourth-ranking member in the Department of Justice, represnts the fed gov in the supreme court 

how and whether judicial decisions become public policy 

Cou^{rts ability to influence change} 

Court ruling mirror public opinion 

Appointment of new justices to the court keeps justices in-line with the public