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Judicial Activism And Restraint Flashcards

(2 cards)

1
Q

Judicial activism

A
  • loose constructionalist
  • equal partner to elected branches by striking down laws and policy that the constitution does not clearly prohibit
  • warren court most active in upholding civil rights
  • (Brown v Board of Ed) outlawed racial regeneration
  • (roe v wade) , (obergefel v hodges) > liberal
  • (Bush v gore) awarded presidency to bush
  • (Citizens united v FEC) classing interest groups/corps as equal to people with 1st amendment rights
  • (DC v heller) upheld 2nd amendment for everyone
  • updating constit, extension of constit rights, acts as a Trojan horse bringing in liberal forms that would not have passed in congress
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2
Q

Judicial restraint

A
  • inclined to accept decisions of elected officials and defer to precedent rather than make new
  • court must explain why if they break stare decisis
  • Texas case strike down unethical standards for clinics > liberal restraint
  • (Bucklew v Precythe) stating 8th amendment does not guard against a painless death, just a cruel and unusual one, in relation to precedents
  • does not serve modern democracy
  • constitution too vague, refrain from making decisions at all or will, “what the judges say it is”
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