Judicial Review/ Activism Flashcards
What is judicial activism?
Judges should use their position to promote desirable social ends
Judiciary to be politically independent
What is an example case where judges exercised judicial activism?
Brown Vs the Board of education
Bush Vs Gore
What do judicial activists see the court as?
Equal partners with legislative and executive branch
What do courts exhibiting judicial activism often do?
Strike down acts of congress and state laws
Courts “making” not “interpreting” laws
Who are some judges who are often accused of judicial activism and what do they have in common?
Sonia Sotomayor , Elena Kagan- all democratic
What is judicial restraint?
Judges defer to legislative and executive branches
They also defer to precedents established in previous court decisions
What do judges exercising judicial restraint put importance on?
State decisis- judges should look at past precedents where possible
Under this principle, court willing to put some limit on abortion but not overturn Roe Vs Wade
What are judges exercising judicial restraint less likely to do?
Declare acts of congress or the state legislature unconstitutional
Who are judges considered to be proponents of restraint?
Samuel Alito
Clarence Thomas
What is the power of judicial review?
The Power of the Supreme Court to declare acts of Congress, executive and state unconstitutional
What did the Marbury Vs Madison case rule?
The Supreme Court has the power to strike down acts of Congress and executive actions
