Judicial Activism and Judicial Restraint

Front

What is judicial activism?

Back

When judges make bold policy decisions and create new laws

Front

What do advocates of judicial restraint believe?

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Judges should defer to the actions of the legislative and executive branches.

Front

Why do advocates of judicial restraint argue that the federal courts are the least democratic branch of government?

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Because federal judges are composed of unelected judges

Front

Which of the following cases is an example of judicial restraint? Engel v. Vitale (school prayer), Miranda v. Arizona (Miranda warnings and the fifth amendment), Schenck v. United States (“clear and present danger” during wartime), None of the above

Back

Schenck v. United States (“clear and present danger” during wartime)

Front

What is the main issue with judicial activism?

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It violates the separation of powers

Front

Why do judicial activists believe that the courts are the best branch for defending individual rights?

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Because an individual's rights may suffer due to being outvoted by the majority