Judicial Philosophies and Their Implications

Miss Braxton explains the concepts of judicial activism and judicial restraint, referencing Federalist 78 to highlight the judiciary's role. The video discusses how laws should be interpreted, comparing strict and loose constructionism. Judicial activism is described as a proactive approach to societal issues, viewing the constitution as a living document. In contrast, judicial restraint emphasizes adherence to the constitution's original text and intent, limiting judicial power. The video concludes by distinguishing these philosophies from political ideologies and encourages further discussion.

What does Federalist 78 suggest about the judiciary's power?

• It has the power to enforce laws.

• It can create new laws.

• It controls the military and finances.

• It exercises judgment without force or will.

Which branch is associated with the 'sword' in Federalist 78?

• Legislative branch

• Executive branch

• Judicial branch

• None of the above

Which philosophy believes judges should adhere strictly to the Constitution's text?

• Loose constructionism

• Judicial review

• Judicial activism

• Strict constructionism

What is the main focus of strict constructionists?

• Judicial precedents

• The spirit of the Constitution

• The literal text of the Constitution

• Public opinion

How do loose constructionists view the Constitution?

• As a living document

• As a static document

• As a strict legal code

• As a historical artifact

What role do judicial activists believe the courts should play in society?

• A passive role

• A financial role

• A legislative role

• An active role in addressing societal issues

What is a key belief of judicial restraint?

• Judges should limit their power and adhere to the Constitution

• Courts should create laws

• Judges should interpret laws based on public opinion

• Judges should focus on societal changes

According to judicial restraint, when should laws be struck down?

• When they are economically harmful

• When they are outdated

• When they are unpopular

• When they are clearly unconstitutional

What is a common criticism of judicial activism?

• It ignores the Constitution

• It is too passive

• It is too conservative

• It is legislating from the bench

What is the relationship between judicial philosophies and political ideologies?

• They are always aligned

• They are completely unrelated

• They can sometimes align but are not mutually exclusive

• They are opposites