Describe the two judicial philosophies


Discussion Post: American Government

Part I: The Judiciary

View and take notes on Professor Thomas Patterson's lecture on the Federal Courts , then respond to the following two questions:

• Do you agree or disagree with Alexander Hamilton's statement that the "Judiciary is the weakest branch of government." Explain and discuss the powers of court in relation to the executive and the legislature. Please be specific and use examples.

Part II: Judicial Activism or Restraint

A hotly debated issue in recent years has involved judicial restraint verses judicial activism.

• Describe these two judicial philosophies & explain their differences.

• Is one philosophy always preferable to the other? or should circumstances determine the use of one philosophy over the other? Is judicial activism sometimes necessary?

Judicial activism and restraint:

o The Power of the Federal Courts
o Judicial Philosophy, Politics, and Policy
o Video: Judicial Activism vs Judicial Restraint (5:05)
o Why Judicial Restraint Best Protects Our Rights
o How Conservatives Abandoned Judicial Restraint, Took Over The Courts And Radically Transformed America.

The response must include a reference list. Using Times New Roman 12 pnt font, double-space, one-inch margins, and APA style of writing and citations.

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