Judicial Review

This is a two part assignment.
1.First explain, why judges, who are not popularly elected, have such wide authority to strike down popular laws; 2.why do judges have such enormous power with so little public accountability? 3.Should justices act according to the dictums of judicial activism or judicial restraint? Refer to Meese and Brennan. You will also find the Judicial power-point to be helpful.

Part two. Pretend you are a Supreme Court Justice who must render a decision in Hollingsworth v. Perry, No. 12-144, the challenge to California’s Proposition 8 restricting marriage to opposite-sex couples. The Supreme Court recently ruled that the defendents of the Proposition lacked legal standing thus allowing Prop 8 to be tossed out. Essentially the Supreme Court sidestepped a ruling on the Constitutionality of Prop 8 so you are going to have to do it for them. Ignoring the issue of “standing” I want you to act as a S.C. Justice and, drawing on what you learned above, the U.S. Constitution, and other relevant course materials, render a decision on Proposition 8. How would you rule? Why? Remember you are acting as a justice, not simply expressing your personal opinions.

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