Unit 4 Institutions Judicial Activism v Judicial Restraint

Unit 4: Institutions Judicial Activism v. Judicial Restraint

I. Judicial activism

Philosophy that the courts should take an active role in solving social, economic, and political problems B. Courts should uphold the “guardian ethic”: they act as a guardian of the people A.

Structure of a Supreme Crt Case When you review cases for exam- each case has three main components you need to know: �Facts of the Case �Constitutional Question (here’s where knowing amendments haunts you) �Decision/Why case is important? /Precedent(s) established

C. Examples of Court striking down laws using judicial activism Texas v. Johnson, 1989 - Flag burning Clinton v. NY, 1998 - Line Item Veto Bush v. Gore, 2000 - Florida recount of election 4. Atkins v. Virg, 2002 -Death Penalties for mentally disabled 5. Lawrence v. Texas 2003 -Sodomy in Texas 1. 2. 3.

II. Judicial Restraint Philosophy that the courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems B. Constitutional Questions C. Interpret v. make law D. Original Intent of founders A.

III. Historical Landmark Cases

A. (Warren Court 1953 -1969)-Exs of activism [conservatives not happy] 1. Rights of the accused, i. e. requiring police to issue “Miranda warnings”-Miranda v. Arizona 2. Civil rights, i. e. desegregating public schools in -Brown v. Board 1. Civil liberties, i. e. prohibiting prayer in school-Engle v. Vitale

B. The Burger Court (1969 -1986) 1. Roe v. Wade (1973)- Abortion 2. UC Regents v. Bakke (1978)-Affirmative Action C. Rehnquist Court (1986 -2005) 1. Overturning of liberal precedents from past Exs: a) Overturning Gun Free School Zones Act. U. S. v Lopez a) Overturning Florida Supreme Court decisions in election 2000 -Bush v. Gore

C. Roberts Court (2005 -present) 1. 2. 3. Has been said to run court just like Rehnquist Trend is pointing to a more conservative court Issues in court today: 4 th amendment, environmental law, gay marriage, Voting Rts Act, campaign finance, privacy, Obamacare, Religious Freedom

Lecture DQs Identify judicial restraint & judicial activism 2. Discuss 1 case as an example of judicial activism 3. Discuss 1 case as example of judicial restraint 1.