AP Government Exam Review Project

Jennie Xie

Judicial Activism

• When Supreme Court judges actively interpret the Constitution based on personal beliefs to suit the needs of society in present times and influence policy making

• With Judicial Activism, the Supreme Court can affect laws passed by Congress. For example, because of Brown v. Board of education, desegregation became a law in the United States

Judicial Restraint

• When Supreme Court judges interpret law directly from the Constitution without any personal bias or intent to affect policy making

• With Judicial Restraint, judges will generally honor stare decisis, the idea of basing rulings off of previously decided cases. For example, in Plessy v. Ferguson, the Supreme Court upheld racial segregation.

Strict vs. Loose Constructionism

• Two types of interpretations of the Constitution: strict constructionists believe in the narrow interpretation and loose constructionists believe in broad interpretation.

• Most strict constructionists show judicial restraint and loose constructionists show judicial activism. The type of constructionist a judge is determines their decisions.

Writ of Habeas Corpus

• Legal action that allows imprisoned individuals to appeal for the legality of their imprisonment

• This concept allows citizens to be protected from possibly unconstitutional state action. During the Civil War, President Abraham Lincoln suspended the writ to deal with the riots that broke out in the country during the time of war.

Ex Post Facto Laws

• Laws that apply to crimes or events that took place before the laws were established

• Ex post facto laws change the dynamics of United States law. If the government was to create a law that nullified the illegality of marijuana, then those convicted of possession of marijuana would be free of that conviction.