debates about political significance

• what does judicial review allow the court to do?


  • Can update the meaning of the words of the Constitution

  • Has involved itself in political issues

  • Ensures all branches comply with the constitution

  • Can interpret the constitution in modern day
• what do the federal courts have the power to review?


  - congressional laws

  - state actions

  - federal bureaucratic agencies

  - presidential actions
• what is judicial activism?


  • Judges are seen to lead the way in matters of public policy

  • Judges tend not to defer to the actions of elected officials

  • The courts frequently shut down Acts of Congress, as well state laws

  • The courts frequently declare actions of the executive unconstitutional

  • The courts are in effect 'making' rather than interpreting the law
• what is judicial restraint?


  • Judges tend to defer to elected institutions and officials in matters of

  public policy

  • Judges are reluctant to strike down Acts of Congress or state laws

  • The courts rarely declare actions of the executive unconstitutional

  • The courts refrain from legislating from the bench

  • The courts tend to rely on precedent from previous decisions.