Question

Regarding ""The Hollow Hope" by Rosenberg

1. Rosenberg argues that the nature of ________________ precludes the Court from hearing or effectively acting on many significant social reform claims, and lessens the chances of popular mobilization.

a. constitutional rights

b. legal agenda setting

c. legal barriers to judicial review

d. interest organization

2. Rosenberg argues that the Court does not have sufficient independence from _______ and _________ to affect significant social reform.

a. the legislative , executive branches

b. power of organized interests, presidential power

c. the court of public opinion, the threat of appeal

d. the executive branch, the threat of impeachment

Answer 1

1) constitutional rights

( Rosenberg is of the opinion that bounded nature of constitutional rights or limited nature of constitutional rights is the first constraint that prevents courts from hearing and effectively acting on many goals pursued by social movements. Brown is one of the rare cases in which a movement litigation has resulted in the establishment of a new right protected by the constitution. civil rights movement was also enable to overcome the constraints paused by the limited nature of constitutional rights. Civil righters succeded by slowly building the precedent for a change.)

2) the legislative and executive branches.

( second constraint which precludes the court from hearing or effectively acting on many significant social reform claims is that the court doesn't have sufficient independence from legislative and executive branches. In short, there is lack of judicial independence. Courts operate in a system of checks and balances in which other goverment actors may have resources to limit the effects of judicial desicions they dislike.Its possible to overcome this constraint if judiciary succeeds in securing support from substantial members in the Congress as well as executive branch.)