Differentiate between the political ideologies of judicial activism and judicial restraint.

What will be an ideal response?


Answers will vary. The terms judicial activism and judicial restraint do not have precise meanings. Generally, however, an activist judge or justice believes that the courts should actively use their powers to check the legislative and executive branches to ensure that they do not exceed their authority. A restraintist judge or justice, in contrast, generally assumes that the courts should defer to the decisions of the legislative and executive branches. After all, members of Congress and the president are elected by the people, whereas federal court judges are not. In other words, the courts should not thwart the implementation of legislative acts unless those acts are clearly unconstitutional.One of the Supreme Court's most activist eras occurred during the period from 1953 to 1969 under the leadership of Chief Justice Earl Warren. The Warren Court propelled the civil rights movement forward by holding, among other things, that laws permitting racial segregation violated the equal protection clause. Due to the activism of the Warren Court, the term judicial activism has often been linked with liberalism. Neither judicial activism nor judicial restraint is necessarily linked to a particular political ideology, however. In fact, many observers claim that today's Supreme Court is often activist on behalf of a conservative agenda.

Political Science

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c. Legal briefs are not allowed in intermediate courts of appeals. d. The parties to the case generally do not attend the trial court, but almost always attend appellate courtproceedings.

Political Science

Deciding what is "news" and who is "newsworthy" is said to be ____________________

a) Apowerful political weapon b) Determining public opinion c) Amethod for evaluating social policy d) Arevenue source

Political Science

Prospective voting is most closely related to which of the following?

A) initiatives B) the delegate model of representation C) referenda D) the trustee model of representation E) recall elections

Political Science

SELECT ALL THAT APPLY. Which of the following is among the causes of the Iranian revolution?

a. relative deprivation b. weakened state c. political opportunity d. technological advancement

Political Science