Federalist No 78 by Robert Hammerschmidt https://padlet.com/rhammerschmidt/47gjmmy4b649 Made with ♥ en-us 2019-03-07 19:19:20 UTC 2021-03-16 15:02:18 UTC hello@padlet.com Judicial Activism and Restraint abbotbre000 https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/339065816 Create a succinct definition of Judicial Activism and Restraint.]]> 2019-03-07 19:52:45 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/339065816 Characteristics of Restraint rhammerschmidt https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315895142 Less likely to strike down established case law
Policy decisions should be left to the legislature and the states
Don't go beyond the Constitution... interpreting the Constitution as stated.
Refrain from overstepping their role as stated in the Constitution.

]]> 2021-03-16 14:27:04 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315895142 Characteristics of Activism rhammerschmidt https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315896559 Expanded role of the court... active role in policy making
Looks beyond the law, consider one's (justice's) own views
Are more likely to over turn precedence
A willingness to overturn laws made by Congress and Signed by the President
TENDENCY to be more representative of the liberal side of the court
Look for cases that are closely decided, cases that involve individual Civil Rights (14th Amendment)]]> 2021-03-16 14:27:17 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315896559 Chris Vasvery https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315900645 Restraint: Judges limit their use of power, they interpret the law in terms of the Constitution and only strike down laws that are always unconstitutional.
Activism: Being an activist usually means going beyond the law and consider broader implications of laws.]]> 2021-03-16 14:27:56 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315900645 Tori Finwall https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908164 Activism: Judges are more progressive/open to social, economic, and political reform, go beyond the law to consider broader societal responses to their decisions, judges make rulings based off their own political agenda rather than precedent.
Restraint: Judges hesitate to get rid of outdated laws, respect the stare decisis, religiously uphold established precedence, tend to lean more conservative. ]]> 2021-03-16 14:29:07 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908164 Nour longinou000 https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908533 Activism: 
- courts expand their power
- trustee of the people 
- apply personal judgement and philosophy

Restraint: 
- confined to role of the courts defined in the constitution
- NO role in policy making process
-  Can the courts hear this decision in the first place
-  Strictly objective]]> 2021-03-16 14:29:10 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908533 Agne Rudokas rudokagn000 https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908730 Restraint: Aims for consistency - using precedents and assumed understandings to reach a conclusion (stare decisis). Tends to be more conservative (not politically) in terms of decision making. 
Activism: Aims for change - reinterpreting, retconning past decisions to do so, or perhaps setting new precedents for the future. Tends to be more fluid and open with limitations in decision making. Unlike restraint, cases that involve activism are less likely to have wholly unifying attitudes towards the problem.]]> 2021-03-16 14:29:12 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908730 Giselle Brambila https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908792 Activism- Judges bring in their personal opinion when making a decision instead of upholding existing cases.
Restraint- Judges base their decisions on stare decisis to honor previous decisions.
-avoid striking down a law the courts have held before]]> 2021-03-16 14:29:13 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908792 William Gorski https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908894 Judicial Restraint: Refusing to change much of the status quo in past decisions in favor of the set precedent.
Judicial Activism: Interfering with set precedent in order to change the interpretation of law to the best of the court's limited ability.]]> 2021-03-16 14:29:14 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908894 Rosalie Truback https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908899 Activism - 
  • A court would strive for ideological direction rather than consensus across the court. 
    • `more likely for 5-4 decisions
Restraint - 
  • Belief that policy decisions should be left to legislative and executive branches. 
    • More likely to not strike down lower court decisions or overturn previous SCOUTS cases. 

]]> 2021-03-16 14:29:14 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315908899 Allan Polakkattil polakall000 https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315909285 restraint - Judges are encouraged to limit the exercise of their own power, 
Activism- courts should act as guardians towards the people ]]> 2021-03-16 14:29:18 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315909285 Marie Klapacz https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315909456 Activism: Efforts to make a change, usually brought from (inspired by) controversial topics.

Judicial restraint vs Judicial activism:

Judicial restraint strictly follows an interpretation of the constitution while judicial activism is more 'loose' with its interpretation to better apply to current changes.]]> 2021-03-16 14:29:19 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315909456 Kendall Barndollar https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315909679 Restraint: Judges limit their action and power by standing by past decisions or reforms- only interepretation
Activism: Decisions based on ideas, high controversy decisions that are made off of "right vs. wrong" ideas]]> 2021-03-16 14:29:21 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315909679 Brendan Creamer https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315910287 Activism: less likely to respect the judgement of the American people as expressed through federal and state legislation
Restraint: Base decisions solely off of obligation to the court to honor previous decisions.
Definition: Judicial Activism is the process in which judges exceed constitutional powers and believe they are the best branch to defend and individual's rights. Judicial Restraint refers to the belief that the courts should leave policy decision to other two branches]]> 2021-03-16 14:29:26 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315910287 Aida Skaraite https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315911945 Activism: Aiming for change and more open to new ideas, looser interpretation of the Constitution
Restraint: Aiming to limit the use of power and interpret according to the Constitution (more restricted intepretation)]]> 2021-03-16 14:29:40 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315911945 Maggie Knutte knuttmar000 https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315911946 Activism: The court would most likely ignore stare decisis (to “stand by things decided”; doctrine of precedent) and overturn precedents from previous courts
Restraint: Court sticks strictly to stare decisis and this type of court is often associated with conservative type judges that are strict constructionist type judges (Ex: Rehnquist)]]> 2021-03-16 14:29:40 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315911946 Nicholas Karmia https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315912442 Restraint - A judge's ability to limit their usage of power, such as hesitating to strike down a law unless clearly unconstitutional... and being hesitant to create new law. Stare Decisis.  
Activism - Judges having their own interpretation of law(s) rather than following precedent set. ]]> 2021-03-16 14:29:45 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315912442 Sean Abbott https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315913238 strict constructionism is a characteristic of judicial restraint 

judicial activists are less likely to respect the judgements of the American people as expressed through state legislation  ]]> 2021-03-16 14:29:52 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315913238 Matthew https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315913840 Activism- Is the approach of judges excising Judaical review, and where a judge will interpret their own personal opinion or feelings into a sentence. A more open to new ideas and values approach.
Restraint-  Is more of a approach to limit judges to exercise their own power, and to only act when a law is obviously unconstitutional.]]> 2021-03-16 14:29:58 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315913840 Amelea Swiderski https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315914143 Activism - loosely relies on the constitution language when determining; the constitution implies meaning
Restraint - word by word interpretation from constitution; what's written in the constitution specifically is what is meant ]]> 2021-03-16 14:30:01 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315914143 Kailey Wasyliw https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315914706 Restraint: limit the ability of the power the courts have and ensures the judges to proceeded with caution when striking down laws   
Activism: courts go beyond the law to consider societal issues ]]> 2021-03-16 14:30:06 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315914706 Lauren Rearden https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315917611 Activism: The individual judges don't necessarily stick to constitutional law and they use their own personal beliefs and morals to help take into consideration current societal issues. loosely relies on constitutional law.
Restraint: Very strict use of the constitution, limits the use of power.]]> 2021-03-16 14:30:34 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315917611 Matt K https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315923376 Activism: The judges use there own interpretation of a law, it doesn't necessarily have to be directly stated in the constitution.
Restraint:  When the court is more hesitant to strike down a law. They only strike it down if it's seen as directly unconstitutional to the judge]]> 2021-03-16 14:31:29 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315923376 Makenzie Michaelson https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315931392 Activism: When judges decide to use their powers to strike down a law and assert their powers over what they might believe is a bad law, even if it doesn't necessarily go against the constitution. 
Restraint: Judicial restraint is the avoidance of striking down a law. This limits the judges' power and leaves some interpretation of laws up to the general public/other branches. ]]> 2021-03-16 14:32:43 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315931392 Cam Kross https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315936614 Activism: Courts have an unbalance of Constitutional law and personal beliefs of justices.
Restraint: Court policy becomes strictly based on the Constitution and personal beliefs of justices are lesser than Constitutional law.]]> 2021-03-16 14:33:31 UTC https://padlet.com/rhammerschmidt/47gjmmy4b649/wish/1315936614