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Courts 7
pg. 536-9
| Question | Answer |
|---|---|
| 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
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