Judicial Restraint or Judicial Activism The Supreme Court of the United States is a widely controversial topic because they decide what parts of our legislation follow the basic principles set in our constitution. Decisions made by the Supreme Court are often 5-4 votes, with one member generally being a swing vote. Members of the Supreme Court are not elected; they are appointed and serve until resignation or death. Each member of the Supreme Court has a different point of view but ultimately decides whether a law is constitutional or not. They can come to this conclusion by either their personal political views or direct analyzing of the constitution. Both sides are widely disputed and many Supreme Court members only follow one or the other. I believe that both are necessary in order for the Supreme Court to deem laws constitutional or unconstitutional. Judicial Activism is an approach where the Supreme Court judge uses his personal or political values or beliefs in order to reach a verdict. I believe this is needed because the constitution does not take into account many modern aspects of society. In order to deem a law constitutional, the judges must take into account how the world has changed since the constitution was written. While Judicial Activism expands beyond this and into personal, biased beliefs, I believe that all sides need to be represented and reflected in the constitutional laws. Judicial Restraint is the direct analyzing of laws and whether they are constitutional or not. This is necessary because it goes back to the basic principles involved in the creation of our government. If a law directly violates the constitution, the Supreme Court should immediately strike it down as such. The laws in this country may not entirely agree with the constitution, but they cannot go directly against it. The Supreme Court Justice I chose is Antonin Scalia, a judicial activist. He firmly believes in a modern, changing interpretation of the constitution in order to deem laws legal. He constantly challenges laws involving minority groups, a subject not mentioned much in the constitution. He also is reported to ask the most questions and piece together all information possible before he makes a decision. He interprets laws based on how he interprets the constitution, not how it was originally written. He is currently the longest standing Supreme Court Justice currently serving and has followed Judicial Activism throughout his days on the Supreme Court.
Judicial activism and judicial restraint- Judicial activism is the practice of justices exceeding their roles as umpires, and instead becoming, to a degree, lawmakers. Judicially active judges take the spirit of the times and the need of the nation into account when interpreting the Constitution, leading to judgment that often goes beyond a mere textual interpretation.…
Define Congress: The national legislative body of a country; designed to be the people’s most direct voice; it is a bicameral legislature (House and Senate)
Explain four major differences between the House of Representatives and Senate: 1) The members of the house are elected from districts and the members of the senate are elected from states 2) There are 435 members of the house and 100 members of the senate 3) Members of the house serve a 2 yr term and senators serve a 6 yr term…
The Judicial Branch also has the power of judicial review, which is the ability to declare an action unconstitutional. Most of what the Supreme Court does though is set precedent meaning that their decision stands as a rule. In the Citizens United v. FEC case, a couple precedents were being questioned and eventually were overturned.…
The need for the President’s support is not the only check the executive and legislative branches have on the judicial. The President is also responsible for nominating justices who must be confirmed by the Senate. Congress is able to impeach…
1. Federal government is the United States system of government; it means there is a government for the country while the states have their own individual governments. Unitary system, a system of government in which most or all of the governing power resides in a centralized government.
2. Expressed powers are the powers EXPRESSED in the constitution and granted to the Federal Government. Any powers NOT mentioned in the constitution. It can be IMPLIED that these powers are left to the states. For…
POLITICAL SCIENCE 001
TEST # 2 STUDY GUIDE
Chapter 11- THE CONGRESS
Why was Congress created?
Congress was created so that states would have representation. Congress is in charge of controlling the federal government, foreign trade and policy, and the military.
What are the functions of Congress?
Congress has four functions lawmaking, representation, constituent services, and oversight.
The Lawmaking Function
The principal and most obvious function
Requires decisions about the size…
The Doctrine of Justiciability is one of several criteria that the United States Supreme Court use to make a judgment granting writ of certiorari, which is a writ seeking judicial review.
One example is Coleman v. Miller (1939), which involved the actions of the Kansas legislature over the child labor amendment. In 1924 Congress proposed the amendment, which stated, “The Congress shall have power to limit, refuel, and prohibit the labor of persons under eighteen years of age.”…
* Judicial Branch: creates the federal courts, describing what cases they may hear.
* Second, the Constitution ensures that the states retain all power not given to the national government. Major issues of family law, criminal law, property law, and many other areas are regulated predominantly by the various states.
* Third, the Constitution guarantees many basic rights to the American people.…
A.P US Gov. and Politics Study Guide Answers
1. Democracy is a system of government in which, the people regularly have a say in what goes on in their lives.
2. Three things that are wrong with the Articles of Confederation are that there was no foreign policy, the government couldn’t levy taxes, and there was no standing army.
3. A unitary system of government is where there is a powerful central government and some regional governments. A federal system…
encourage policy responsiveness
To encourage policy experimentation and innovation
Problems with federalism:
Confusing state laws, regulations
States competing with each other often results in poor regulations
The actions of the one state undermining the objectives of another; Alcohol, firearms, fireworks
Full Faith and Credit clause
Full faith shall be given in each state the public acts and records, and the judicial…