AP Gov Topic 2.11

A United States Supreme Court justice has announced his retirement at the end of the current Supreme Court term. What is the most likely presidential action in response to this announcement?

• Confer with House leadership to discuss potential nominees

• Confer with the chief justice to discuss potential nominees

• Nominate a federal judge who shares the president’s ideology

• Nominate a sitting senator of the majority party

Which of the following best defines the term “judicial activism”?

• The demands on judges to hear large numbers of cases

• The efforts of judges to lobby Congress for funds

• The attempts by judges to influence election outcomes

• The tendency of judges to interpret the Constitution according to their own views

Which of the following best describes the principle of judicial restraint?

• The Court should actively use its power to correct injustices and shape public policy.

• The Court should defer to the elected branches and avoid overturning laws unless they clearly violate the Constitution.

• The Court should base decisions on its perception of fairness and justice.

• The Court should interpret the Constitution as a “living document.”

Supporters of judicial activism would most likely argue that:

• The Constitution should be applied only as written, regardless of modern circumstances.

• The judiciary should avoid making controversial decisions that could be left to Congress.

• Courts have a responsibility to correct injustices when other branches fail to do so.

• The Court should uphold precedent, even when it perpetuates inequality.

Explain how each of the following influences decisions made by individual justices when deciding cases heard by the Court.

1. 1. stare decisis

2. 2. judicial activism

Explain what the message of the cartoon is. What is the cartoonist trying to communicate about judicial activism and judicial restraint?

Explain how the exercise of judicial review can lead to debate about the Supreme Court’s power.