Lecture: Judicial Activism vs. Judicial Restraint Wednesday, April 06, 2011 11:23 PM Notes by Vicky Zhang.

1. Judicial Activism  Used to attack the court  Court is acting inappropriately  Active role in social, econ, political problems, guardian of the people  Examples  1963 States must give aid to the poor  Must educate illegal alien children  Reapportionment - populations of districts when redrawing  Line item veto [not allowed?]  Stopped Florida recount Bush v. Gore  Most impact on daily lives  Use personal views? Does Constitution evolve or stay the same? 2. Judicial Restraint  Amend the Constitution, don't just make rulings  Courts should only act if there is a clear Constitutional question  Let government take care of social, econ, political 3. Historical Developments  FDR: new deal plans struck down, wanted to pack the court. 'too old'  Earl Warren [very liberal] - civil rights [voting] civil liberties [free speech] rights of the accuse [Miranda]  Roe v. Wade, UC Regents v. Backee  Renquist 86 - 05 - became more conservative  Roberts [right now] - has a political agenda 4. Restrictions on Judicial Power  Passive  Cannot enforce decisions  Some judges end up different from expected  Impeach  Change number of justices  1979 Carter got to add 152 judges  Override Supreme Court - amendment  Stare decisis, precedents  Constitution  Public Opinion

Unit 4 Institutions Page 1