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Courts 7

pg. 536-9

QuestionAnswer
7) 1. Paraphrase what Justice Potter Stewart as he announced his retirement and what did he mean with his remarks. There is nothing more contradictory to the idea of what a good judge should be than to think it has something to do with representative democracy. Judges should not be subject to the whims of popular majorities.
7) 2a. Provide three ways the federal courts aren't very democratic. Federal judges are not elected and are almost impossible to remove
7) 2b. Provide two ways our federal court system diverges from the requirements of a democracy. Key policymakers aren't always elected or continually responsible to those who are
7) 3. Provide three ways the courts can be made aware of public opinion (see Webster case). send mail, target with advertisements and protests, and bombard with amicus curiae briefs
7) 4. Although the courts can't make laws, they can make what? policy on both large and small issues
7) 5a. What are there strong disagreements about? appropriateness of the courts playing a prominent policymaking role
7) 5b. Define judicial restraint including who the courts should defer to. An approach to decision making in which judges play minimal policymaking role and defer to legislatures whenever possible
7) 5c. Provide two arguments posed by advocates of judicial restraint. Decisions such as those on abortion and prayer in public schools go well beyond the "referee" role they say is appropriate for courts
7) 6a. Define judicial activism. An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground
7) 6b. Provide one argument of its advocates - be complete Emphasize the courts may alleviate pressing needs-especially needs of those who are politically or eco. weak - left unmet by the majoritarian political process.
7) 7a. Which political ideology is most connected with judicial activism? Liberal
7) 7b. Justify your answer. liberals are all for change in governmental policies, and starting anew
Created by: Matti