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    (Original post by Bord3r)
    US v. Lopez ruled that so called "Gun Free Zones" around schools were unconstitutional as it infringed on a person's right to bear arms.
    It is definitely possible to argue that the Rehnquist court and Roberts Court have been conservatively active however you could also say that courts are only really labelled active when people disagree with their rulings.

    Gonzales v. Carhart upheld the Partial Birth Abortion Ban Act which meant the court deferred to Congress' legislation.
    NFIB v. Sebelius held that the ACA (Obamacare) was constitutional, again meaning that the court deferred to the Executive/Congress' legislation.
    Okay so how do you distinguish between active and restraint?
    Many times its so difficult to distinguish a case.
    If an essay on how active/restraint courts are what would you say
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    (Original post by Bord3r)
    US v. Lopez ruled that so called "Gun Free Zones" around schools were unconstitutional as it infringed on a person's right to bear arms.
    It is definitely possible to argue that the Rehnquist court and Roberts Court have been conservatively active however you could also say that courts are only really labelled active when people disagree with their rulings.

    Gonzales v. Carhart upheld the Partial Birth Abortion Ban Act which meant the court deferred to Congress' legislation.
    NFIB v. Sebelius held that the ACA (Obamacare) was constitutional, again meaning that the court deferred to the Executive/Congress' legislation.
    US V. Lopez was actually argued on the commerce clause not the 2nd amendment. The first to be argued on the 2nd amendment was District of Columbia V. Heller
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    (Original post by ironicdays)
    US V. Lopez was actually argued on the commerce clause not the 2nd amendment. The first to be argued on the 2nd amendment was District of Columbia V. Heller
    Oh yeah, my bad Thanks!
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    I'm guessing a lot of people here are planning on doing Supreme Court then judging by the discussion?
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    (Original post by ironicdays)
    Active- Roe v. Wade, Bush v. Gore, Brown V. Board of Education
    Restraint- Dickerson V. United States
    It's very difficult to define whether a case is active or restraint. However activism is seen as striking down policy decisions by other government officials or institutions
    Why would Dickerson VS US be restraint is it cause it removed Miranda VS Airzona?
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    (Original post by ineedtorevise127)
    Why would Dickerson VS US be restraint is it cause it removed Miranda VS Airzona?
    No, the court had the opportunity to overturn Miranda but largely due to the principle of stare decisis decided to uphold it
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    (Original post by RobMoon)
    I'm guessing a lot of people here are planning on doing Supreme Court then judging by the discussion?
    Excellent pun there sir...'judging' by the discussion, superb
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    (Original post by ineedtorevise127)
    Why would Dickerson VS US be restraint is it cause it removed Miranda VS Airzona?
    Dickerson v United States (2000) upheld Miranda Rights, and so is restrained because it went along with the precedent established with Miranda v. Arizona (1966)
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    Sorry, I don't get how judicial activism can be shown from United States v. Lopez? The majority decision was against progression of banning guns in school zones? It upholds the right to have guns which surely is restraint?


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    Have a nasty feeling federalism is going to come up for topic 1 tomorrow...topic 3 I'm feeling a bit of EXOP and the Cabinet and for Topic 4 I hope hope hope that its how political the nomination/confirmation process for the Supreme Court is (doubt it though!)
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    (Original post by Hannahm1995)
    Sorry, I don't get how judicial activism can be shown from United States v. Lopez? The majority decision was against progression of banning guns in school zones? It upholds the right to have guns which surely is restraint?


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    Its up to how you interpret it really. Yes it shows restraint because it upholds the 2nd amendment rights of being allowed guns. However, it does also show activism as the ruling set limits to Congress' power through the commerce clause.
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    (Original post by Hannahm1995)
    Sorry, I don't get how judicial activism can be shown from United States v. Lopez? The majority decision was against progression of banning guns in school zones? It upholds the right to have guns which surely is restraint?


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    Well in that sense yes, but they struck down a law that had been put in place by a state legislature so they were actively shaping the laws and society.

    It is definitely a more conservative type of activism though, and it is based on a strict constructionist view of the constitution.
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    Anyone at all planning to do something apart from Judiciary? :L
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    (Original post by octoberbaby)
    Anyone at all planning to do something apart from Judiciary? :L
    Congress, although I'll be doing the judiciary too.
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    (Original post by LAMPERMAN)
    Its up to how you interpret it really. Yes it shows restraint because it upholds the 2nd amendment rights of being allowed guns. However, it does also show activism as the ruling set limits to Congress' power through the commerce clause.
    Great! Lots of them are up to interpretation! Thank you


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    (Original post by Bord3r)
    Well in that sense yes, but they struck down a law that had been put in place by a state legislature so they were actively shaping the laws and society.

    It is definitely a more conservative type of activism though, and it is based on a strict constructionist view of the constitution.
    Okay, thank you what is a better example of judicial restraint?


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    (Original post by Hannahm1995)
    Okay, thank you what is a better example of judicial restraint?


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    NFIB v. Sebelius is the best recent one in my opinion.
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    Everyone excited for tomorrow?? What questions are people doing, Executive and Congress/Constitution I reckon
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    If Judicial activism/restraint came up as a 10 marker how would you answer it?
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    Planning Congress/Constitution with Judiciary as my back up. I'm nervous.
 
 
 
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