Judicial Activism and Judicial Restraint

What is judicial activism?

• When judges defer to the actions of the legislative and executive branches

• When judges make bold policy decisions and create new laws

• When judges settle particular cases at hand

• When judges violate the separation of powers

Which of the following cases is an example of judicial activism?

• 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

What do advocates of judicial restraint believe?

• Judges should make bold policy decisions

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

• Judges should create new laws

• Judges should violate the separation of powers

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

• Because federal judges are elected by the people

• Because federal judges are appointed by the president

• Because federal judges are composed of unelected judges

• Because federal judges are not involved in political questions

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

What is the main issue with judicial activism?

• It violates the separation of powers

• It promotes personal or political ends

• It settles particular cases at hand

• It creates new laws that affect the entire nation

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

• Because the courts represent the majority of Americans

• Because the courts make fair decisions for most people

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

• Because the courts are elected by the people