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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
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    (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???
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    (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
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    (Original post by Bord3r)
    NFIB v. Sebelius is the best recent one in my opinion.
    Thank you what about for Rehnquist court?


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    (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?
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    (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
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    (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'
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    (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
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    (Original post by adamgraver)
    Everyone excited for tomorrow?? What questions are people doing, Executive and Congress/Constitution I reckon
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    (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
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    (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.
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    (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
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    (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.
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    (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. :/
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    (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?
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    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
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    (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
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    (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?
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    (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.
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    (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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