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A2-AQA GOV4A Politics 10th June 2013

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Original post by ineedtorevise127
If Judicial activism/restraint came up as a 10 marker how would you answer it?


Define the term
Give examples of Cases

Activism - Use Judicial Arrogance, 'Legislating from the bench', how it has become political, examples of Justices ie Ginsburg, Loose Constructionism, Time Period Burger and Warren, How it isn't the norm in US Politics, now the use of conservative activism,

Restraint - Judicial Deference, Originalists, Reading the words of the constitution, Strict Constructionism, Examples of Cases, Examples of justices, how it protects the rights of citizens over the branches
Original post by octoberbaby
Planning Congress/Constitution with Judiciary as my back up. I'm nervous.


I'm backing on a committee question for Congress and Federalism for Constitution. What you think???
Original post by adamgraver
Define the term
Give examples of Cases

Activism - Use Judicial Arrogance, 'Legislating from the bench', how it has become political, examples of Justices ie Ginsburg, Loose Constructionism, Time Period Burger and Warren, How it isn't the norm in US Politics, now the use of conservative activism,

Restraint - Judicial Deference, Originalists, Reading the words of the constitution, Strict Constructionism, Examples of Cases, Examples of justices, how it protects the rights of citizens over the branches


Ok what 2 examples would you give for judicial active and judicial restraint cases
Original post by Bord3r
NFIB v. Sebelius is the best recent one in my opinion.


Thank you :smile: what about for Rehnquist court?


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Reply 224
Original post by adamgraver
I'm backing on a committee question for Congress and Federalism for Constitution. What you think???


For committees, what sort of question are you planning for? It must look at the importance of committees I assume? Perhaps how significant their role is in the legislative process?
Original post by ineedtorevise127
Ok what 2 examples would you give for judicial active and judicial restraint cases


The Obvious ones would be; Roe v Wade (1973) Brown v Board (1954) for activism

Gonzales v Carhart 2007 and Gibbons v Ogden to demonstrate the Norm
Original post by Scatach
For committees, what sort of question are you planning for? It must look at the importance of committees I assume? Perhaps how significant their role is in the legislative process?


I was thinking perhaps Woodrow Wilson's quote about how the work of Congress is done in the comittes 'Discuss'
Original post by adamgraver
The Obvious ones would be; Roe v Wade (1973) Brown v Board (1954) for activism

Gonzales v Carhart 2007 and Gibbons v Ogden to demonstrate the Norm



Why would you explain that Gonzalez VS Carhart is restraint
Reply 228
Original post by adamgraver
Everyone excited for tomorrow?? :wink: What questions are people doing, Executive and Congress/Constitution I reckon


Original post by ineedtorevise127
Why would you explain that Gonzalez VS Carhart is restraint


It upheld the act though it showed 'Stare Decisis' and also showed deference to the other branches
Reply 230
Original post by ineedtorevise127
If Judicial activism/restraint came up as a 10 marker how would you answer it?


This is more likely to be a B question, A's are usually the appointment process or judicial independance.
If it did come up, it would depend what the precise question was as there is more than enough info for 10 marks.
Original post by Josh94
This is more likely to be a B question, A's are usually the appointment process or judicial independance.
If it did come up, it would depend what the precise question was as there is more than enough info for 10 marks.


You may get one just asking to define one or the other and there's definitely enough for that
Reply 232
Original post by ineedtorevise127
Why would you explain that Gonzalez VS Carhart is restraint


Because it ruled the Partial Birth Abortion Ban act constitutional and so deferred to Congress. Think of restraint as allowing the status quo, or the other branches of governnment, to continue without SCOTUS intervention.
Reply 233
Original post by adamgraver
I was thinking perhaps Woodrow Wilson's quote about how the work of Congress is done in the comittes 'Discuss'


That does sound like the sort of thing they'd do. My real issue with that is that I'm not sure how I'd argue against their influence; there are people like Bob Dole who said that he was a "majority pleader, not majority leader" and the ability to block a second reading in both chambers.

The only thing I can think of is the discharge petition in the House to force a second reading. :/
Original post by Scatach
That does sound like the sort of thing they'd do. My real issue with that is that I'm not sure how I'd argue against their influence; there are people like Bob Dole who said that he was a "majority pleader, not majority leader" and the ability to block a second reading in both chambers.

The only thing I can think of is the discharge petition in the House to force a second reading. :/


Against the influence of what? What would be your essay outline for it?
Reply 235
To what extent is the Supreme court the guardian of the constitution.... Would u talk about the amendments - So the first 10 how they have protected the citizens?.. .Stuck :frown:
Original post by ineedtorevise127
Ok what 2 examples would you give for judicial active and judicial restraint cases


Also use Engel v Vitale for Restraint
Reply 237
Original post by adamgraver
Against the influence of what? What would be your essay outline for it?


Against the influence that committee's have over the legislative process. If we take your question on Woodrow Wilson's quote, there would have to be some sort of counterargument to the idea that legislation is focused in committee rooms?
Reply 238
Original post by Scatach
That does sound like the sort of thing they'd do. My real issue with that is that I'm not sure how I'd argue against their influence; there are people like Bob Dole who said that he was a "majority pleader, not majority leader" and the ability to block a second reading in both chambers.

The only thing I can think of is the discharge petition in the House to force a second reading. :/


Yeah, that's the issue I have is that there aren't many arguments to say Committees aren't extremely powerful. I guess you could mention how a bill must pass through both chambers and still go through a floor vote to pass, so there's only so much influence a committee can have.
Reply 239
Original post by Scatach
That does sound like the sort of thing they'd do. My real issue with that is that I'm not sure how I'd argue against their influence; there are people like Bob Dole who said that he was a "majority pleader, not majority leader" and the ability to block a second reading in both chambers.

The only thing I can think of is the discharge petition in the House to force a second reading. :/


Their vote in only recomendatory, the chamber can vote against their amendments.

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