Define and explain the new judicial federalism
What will be an ideal response?
An ideal response would be:
Amendments are one way to alter constitutions. But another device for constitutional change is judicial interpretation, whereby judges modify a constitutional provision by giving it a new interpretation. One reason for the growing length of some constitutions is that amendments are often required to reverse judicial interpretations. In addition, some sections of state constitutions have been invalidated by federal action, especially in the areas of civil rights and suffrage.In what is called new judicial federalism, state constitutions have taken on greater importance than in the past. For decades, state judges tended to look only to the U.S. Constitution and Bill of Rights and how the U.S. Supreme Court interpreted these documents. But since the 1970s, as the Supreme Court has become more conservative, some state supreme courts have been relying on their own state constitutions and state bills of rights in overruling state laws and the actions of state and local officials. Recall that although states must provide citizens the minimum protection guaranteed by the U.S. Constitution, they can and sometimes do provide even more in areas such as equal protection and privacy. Based on the U.S. Constitution, the U.S. Supreme Court has allowed governments to adopt sobriety checkpoints for drivers, random drug testing of public employees, and restrictions on minors who seek abortions. However, these rulings do not force states to adopt such policies. In fact, several state supreme courts have ruled that such policies are unconstitutional violations of privacy provisions included in their own state's constitution.
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Charles Evans Hughes said dissenting options were 'an appeal to the brooding spirit of the law, to the intelligence of a future day" What did he mean?
a. Justice who dissent are less intelligent than the majority of the court b. justice who dissent are considering the precedents set by past decisions c. justice who dissent often feel angry about how the majority of the Court interpret the law d. Justices who dissent may think that future generations will see the issue differently
?While most __________ would be pleased that the Supreme Court upheld the individual insurance mandate of the Affordable Care Act, most __________ would be encouraged that the Court made Medicaid expansion optional for the states.
A. ?conservatives; libertarians B. ?conservatives; liberals C. ?socialists; liberals D. ?states' right activists; liberals E. ?liberals; conservatives