Exam 14: The Judiciary
Differentiate between the political ideologies of judicial activism and judicial restraint.
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.Because of 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.
In the context of Supreme Court conferences,an opinion that commands the support of more than half of the justices is called a _____.
D
Because of the activism of the Warren Court,the term judicial activism has often been linked with _____.
A
Which of the following statements is true about constitutional law?
_____ refers to the authority of a court to hear and decide a particular case.
Discuss areas in which the U.S.Supreme Court conservatives have parted from the conservative movement in the recent past.
Which of the following statements is true of the king's courts?
Which of the following statements is true of the term "jurisdiction"?
Which of the following is a difference between activist judges and restraintist judges?
Justices of the Supreme Court are appointed by the president with the advice and consent of the _____.
After the justices of the Supreme Court have considered all the information provided by the appellate attorneys,they:
The opinion that receives the support of the largest number of justices but does not command a majority of the Court is referred to as a(n)_____.
Which of the following is a difference between a civil lawsuit and a criminal lawsuit?
Simon,a citizen of Oklahoma,sues Madison,a citizen of Vermont,for copyright infringement.Simon demands $80,000 from Madison in damages.In this scenario,the case qualifies for federal jurisdiction on the grounds of _____.
In the context of approaches to legal interpretation,originalists believe that to determine the meaning of a particular constitutional phrase,_____.
Which of the following statements is true of the U.S.courts of appeals?
In a robbery case,the accused was found guilty and was sentenced to three years of imprisonment.The majority opinion of the Supreme Court justices was based on a witness's statement.Justice Harvey,though in agreement with the Court's decision,agreed to the ruling for different reasons.He based his opinion on the DNA fingerprinting reports.Justice Harvey wrote a(n)_____.
Justice Antonin Scalia calls himself a textualist.What Scalia means by textualism is that:
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