Judicial activist vs restraint
what is judicial activism?
the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law
what are expressed powers?
The powers of the national government are explicitly listed in the Constitution.
How many amendments are there?
27 amendments
what is gerrymandering?
is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies
what is popular sovereignty?
power belongs to the people
what is judicial restraint?
the concept of a judge not injecting his or her own preferences into legal proceedings and rulings
what are implied powers?
political powers granted to the United States government that aren't explicitly stated in the Constitution
what are the first 10 amendments known as?
what checks and balances did the executive branch have?
the president can veto the law
what is the limited government?
the government is bound to the laws the same way people are, not all-powerful
what is the importance of judicial activism?
inherently anti-majoritarian, and proponents of judicial activism view it as a necessary check on legislative overreach
what are concurrent powers?
powers shared by both states and the federal government
what does the First Amendment protect?
freedom of speech, press, assembly, and the right to petition
what was the fed 70?
Alexander Hamilton argues for a strong executive leader, as provided for by the Constitution, as opposed to the weak executive under the Articles of Confederation.
what is the separation of powers?
3 branches of government each has own responsibilities
what is the importance fo judicial restraints?
minimises the risk of judicial activism, preserving the intended balance of power among government branches, and often leads to upholding legislative decisions
what is the importance of concurrent powers?
create a balance between the federal government and state governments
why do we need the First Amendment?
provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise
what was the fed 78?
if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
what is judicial review?
supreme court can rule any government action unconstitutional (again government not all-powerful)
what is an example of a judicial restraint case?
Godfrey v. Georgia 1976
what is the importance of implied powers?
necessary for the function of any given governing body
what is the most important amendment?
The first amendment
How does federal bureaucracy work with the president?
Presidential bureaucratic influence is felt through personnel selection, legislation, government structure, and the budget.
what is federalism?
A split of power between the federal and state governments (states have certain things they are responsible for without federal government help)