Joint
session Where both chambers of Congress meet together. The
President can call a joint session of Congress in order to launch a major policy
scheme, as was the case in 2011 on the subject of creating more jobs.
Judicial activism Where members of the Supreme Court seek to apply the broad principles
of the Constitution towards the modern era. Opponents claim there is a
considerable danger to individual liberty when judges impose their opinions
rather than interpret existing legislation in a literal sense. Those who favor
judicial restraint claim that judicial activism leads to a conflation of the
role of the judiciary and thereby distorts the original principles of the
founding fathers. Judicial activism ultimately leads to judicial overreach
which empowers the Court to act as politicians disguised in judges’ robes. The
term loose constructionist is sometimes used instead of judicial activism.
Judicial
convention An unwritten code of behavior
amongst members of the judicial branch of government. For instance, members of
the Supreme Court do not respond to criticisms made by politicians. However,
during Obama’s state of the Union address in 2010 Justice Samuel Alito could be
seen mouthing the words “not true” at comments made by the President.
Judicial independence The ability of
judges to operate independently of the other two branches of government.
Judicial independence is a key aspect of a genuinely democratic society. In the
United States
the separation of powers – combined with a system of checks and balances – aims
to ensure that the judicial branch of government remains autonomous.
Judicial restraint Where members of the Supreme Court interpret
the Constitution on a literal basis. The term strict constructionist is also
used. Supporters of judicial restraint claim that the
original principles of the founding fathers should always take precedence. In the words of John Roberts “judges are like
umpires. Umpires don’t make the rules: they apply them.” The term restraint
refers to the notion that judges should defer to democratically elected
representatives in the executive and the legislature.
Judicial review A situation in which the judiciary can rule
that a member of either the legislature or the executive has exceeded their
constitutionally-defined powers. The concept of judicial review was established
by the case of Marbury v. Madison
(1803).
Judiciary That branch of government tasked with
interpreting legislation and adjudicating on constitutional matters. The most
important element of the judiciary in the US is of course the Supreme Court.
It will only consider those cases of constitutional significance.
Jurisdiction The
sphere of a court’s legal authority to hear and decide cases.
K
Street The area of Washington DC housing most of the main lobbying
organizations. The term remains shorthand for influential insider groups such
as the AIPAC and the NRA.
Killer rabbit moment A phrase used to describe the moment when a
presidency becomes fatally wounded. The term dates back to Jimmy Carter who was
reported to have been attacked by a large swamp rabbit. It seemed to epitomize
the sense of malaise afflicting Carter’s one-term presidency.
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