(a) Define judicial review.
Judicial review is the act in which the Supreme Court looks over legislative acts to check if they are constitutional or not.
(b) Explain how judicial review empowers the Supreme Court within the system of checks and balances.
(b) Explain how judicial review empowers the Supreme Court within the system of checks and balances.
Judicial review empowers the Supreme Court by allowing them to bring down a law proposed by Congress if it goes against the Constitution. This gives them power because, although Congress creates the laws, if a majority of the justices say a bill is unconstitutional, it will not be able to become law. The same goes for an executive act, the Supreme Court can stop any of the president's acts from occurring.
(c) Describe the process through which the Court grants a writ of certiorari.
(c) Describe the process through which the Court grants a writ of certiorari.
Writ of certiori is when the Supreme Court decides to receive information on a case from a lower court. These cases come through a petition filed with the Supreme court, it comes with an explanation of why the case should be heard by the Supreme Court. If five out of the nine justices agree to hear the case, the Supreme Court will hear the case.
(d) Explain how each of the following influences decisions made by individual justices when deciding casesheard by the Court.
Stare decisis: Stare decisis is the policy that courts abide by in which they must follow all the priniciples established by precedents (earlier rulings). So if there was a case about a child being allowed to wear a shirt with obscenities on it and a judge said that he can't do that, another judge with a similar case would probably rule the same.
Judicial activism: Judicial activism is when a judge makes a ruling due to personal or political consideration rather than on existing laws. A more liberal justice could make a ruling about a case saying that all gay people have rights because all men are created equal. By making this ruling, the justice has practiced judicial activism because he/she probably did it because he/she thought it would be best for the country.