By Emilio Pradilla Cobos
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Extra resources for Capital, estado y vivienda en América Latina
AAer all, if the public is unhappy with the policies that emerge from the White House or the Capitol, voters can throw the scoundrels out of office in the next national election. m e n the justices announce a decision such as Roe v, Wc~de:(1973) that may offend as many peopte as it pleases, the public seems helpless. ;? f3 Despite the activities of the Supreme Court in areas such as school desegregation, hortion, and freedom of expression, there has been a long-term reluctance to view the Court and the justices as active policymakers.
Activist justices may be less willing to tie their decision to legal factors and instead rely solely on their values and preferences. In other words, the justices could decide cases based on their conception of what the end result should be. Advtjcates of restraint w u l d base their decisions on legal f a c ~ r s the : Constitution, some set of shared accepted values, or existing precedents. ;? The individual level dimension will be examined in Chapter 6. First, these four controversiaf exercises of judicial power need to be considered more closely Statutury Construction: Changing the Meaning Statutory interpretation provides the opportunity far the Court tct change the handiwc~rkof Congress, Does the Court seek to 611 in the gaps consistent with congressionat designs or does it try to expand its own views?
Xn esserlce, that senator warlts someone who will not legislate fron-r the Court and who will tcave lawmaking tct the branches that the Constitution constructed for that purpose. Certainly, elected officials are smart enough to know that when the justices issue a decisican, it has the Et~rceof law and changes the nature of the relationship betwen the state and the individual or bemeen two individuats, What they are seelcing is a minimat amount of aggxssive lawmaking by the unefected justia, but they are atso seeking to appoint and confirm a justice who will reflect their views.
Capital, estado y vivienda en América Latina by Emilio Pradilla Cobos