The Supreme Court’s acquiescence to the expanded governmental authority of the New Deal
, after initial opposition, is one example of judicial restraint. The Court’s acceptance of racial segregation in the 1896 case of Plessy v. Ferguson is another.
What is an argument for judicial restraint?
Advocates of judicial restraint argue
that judges do not have the authority to act as policy makers
. Among judicial restraint advocates are Thomas Jefferson, Learned Hand and Hugo Black. Opponents argue that activism is a necessity when the other branches of government do not act to bring about social change.
Which statement would a Supreme Court justice who believe strongly in judicial restraint most likely agree with Apex?
The Supreme Court’s acquiescence to the expanded governmental authority of the New Deal
, after initial opposition, is one example of judicial restraint. The Court’s acceptance of racial segregation in the 1896 case of Plessy v. Ferguson is another.
What is the philosophy of a justice who believes in judicial restraint?
Other judges practice a philosophy of restraint, believing that
judges must interpret the law strictly rather than seek to make new laws
. And all judges, regardless of their philosophies, develop their own methods of reading the Constitution. Some judicial philosophies tend to coincide with certain political views.
Which of the following Supreme Court decisions provides a good example of judicial restraint?
Examples of cases where the Supreme Court favored judicial restraint include
Plessy v. Ferguson and Korematsu v. United States
. In Korematsu, the court upheld race-based discrimination, refusing to interfere with legislative decisions unless they explicitly violated the Constitution.
Are there circumstances in which judicial activism is more acceptable?
The best answer, which is grounded in the vision of the framers and has been a central part of constitutional law for more than 70 years, is that judicial activism is appropriate
when there is good reason not to trust the judgment or fairness of the majority
.
Why do supporters of judicial restraint argue that judges are immune to public opinion?
The Constitution is often loosely interpreted to meet the issues of the present. … Supporters of judicial restraint point out that appointed judges are immune to public opinion, and if they abandon their role as careful and cautious interpreters of the Constitution, they
become unelected legislators
.
What is the meaning of judicial restraint?
Judicial Restraint is
a theory of judicial interpretation that encourages judges to limit the exercise of their own power
. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. … Judicial restraint, a procedural or substantive approach to the exercise of judicial review.
What two things do judges who use judicial restraint base their decision on?
Judicial restraint is a legal term that describes a type of judicial interpretation that emphasizes the limited nature of the court’s power. Judicial restraint asks judges to base their decisions solely on
the concept of stare decisis
, an obligation of the court to honor previous decisions.
What are the similarities and differences of judicial restraint and judicial activism?
Judicial activism
interprets the Constitution to be in favor of contemporary values
. Judicial restraint limits the powers of judges to strike down a law, opines that the court should uphold all acts and laws of Congress and legislatures unless they oppose the United States Constitution.
What made many of the Warren court’s decisions controversial?
What made many of the Warren Court’s decisions controversial?
They caused social change
.
What is the philosophy of judicial activism?
“Black’s Law Dictionary” defines judicial activism as “
a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usually with the suggestion that adherents
of this philosophy tend to find constitutional violations and are …
What factors influence the Supreme Court’s decision-making practices?
in a case, discussed earlier in this chapter, also play a role in its decision-making, including law clerks, the solicitor general, interest groups, and the mass media. But
additional legal, personal, ideological, and political influences
weigh on the Supreme Court and its decision-making process.
What are some examples of judicial activism?
- Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools.
- Roe v. …
- Bush v. …
- Citizens United v. …
- Hollingsworth v. …
- Obergefell v. …
- Janus v. …
- Department of Homeland Security v.
What are examples of judicial review?
Examples of Judicial Review in Practice
Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting abortion were unconstitutional. The Court held that a woman’s right to an abortion fell within the right to privacy as protected by the Fourteenth Amendment.
The Court’s ruling affected the laws of 46 states.
Why is judicial activism good?
Judicial activism is
highly effective for bringing forth social reforms
. Unlike the legislature, the judiciary is more exposed to the problems in society through the cases it hears. So it can take just decisions to address such problems.
