4 5 The Judicial Branch Judicial Activism v
4. 5: The Judicial Branch: Judicial Activism v. Judicial Restraint SSCG 16 d- Compare the philosophies of Judicial Activism and Judicial Restraint.
Bell Ringer 1. 2. 3. 4. Answer the Following Questions: What is Judicial Review? Why is this important? What court case established Judicial Review? Who was the Chief Justice at the time?
Judicial Philosophy An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Big Question: Judges do not make laws, so how does a judge set policy?
2 Types of Judicial Philosophy JUDICIAL ACTIVISM: - the Judicial branch is an equal partner with the Legislative and Executive - should be actively involved in interpreting and applying laws. -Strong belief in judicial review JUDICIAL RESTRAINT: - the Judicial branch should let the Legislative and Executive branches set policy -only get involved if that policy is a flagrant violation of Constitution. -Not a strong belief in judicial review.
Judicial Philosophy JUDICIAL ACTIVISM: What are some examples of cases where the Supreme Court has participated in “Judicial Activism”?
Checks on the Judicial Branch 1. Executive: -The president appoints conservative or liberal justices/judges depending on his beliefs. 2. Legislative: - Senate confirms appointees based on its majority’s beliefs. 3. Amendment process: - If the US Supreme Court makes a decision that people REALLY don’t like. The People can: - persuade Congress to propose a constitutional amendment. If ratified by the states, it nullifies the Court’s decision.
Examples of Checks -Discussion Dred Scott (1857) decision: Slave was property and not free just because he had lived in a free state. As property, and not a US citizen, he had no right to sue in federal court. 14 th Amendment (1868) : Declared former slaves to be US citizens with all rights of citizenship. This amendment nullified the Dred Scott decision.
Closing Pick either Roe v. Wade or Brown v. Board of Education. Write the main issue, the court’s decision and whether or not you agree with the decision.
- Slides: 8