U5 Actions of and Checks on Judicial Branch

Question 1

What is Judicial Activism?

Answer 1

When the courts actively overrule other branches or themselves by use of JUDICIAL REVIEW. Striking down laws, actions, past precendents, etc. that trample on civil rights and liberties.

Question 2

What is Judicial Restraint?

Answer 2

When the courts refrain from using Judicial Review, and instead either defer to legislative and executive branches on decisions, or neglect to rule an action; law of other branches; or past precendents unconstitutional.

Question 3

What are the checks on Judicial Branch?

Answer 3

-Appointment/confirmation of judicial nominees
-Congress can propose constitutional amendments to modify/limit the impact of Supreme Court ruling
-Congress can create legislation to modify/limit impact of Supreme Court ruling
-Executive branch and States can just ignore court decisions