WOLL HW CHECK #12 JUDICIAL SELF-RESTRAINT AND HOW THE SUPREME COURT ARRIVES AT DECISIONS
Print out, complete and bring to class on the assigned due date.
SHORT ANSWER QUESTIONS answer the following in the space provided.
5. Evaluate Justice Brennan's statement that the Court is not a council of Platonic guardians, nor involved in making social, political, economic, or philosophical decisions, these insofar as they concern government at
all being properly the function of the people's elected representatives. The justices are charged with deciding according to law
MULTIPLE CHOICE QUESTIONS
1. John P. Roche argues that judicial self-restraint:
a) is based upon constitutional provisions.
b) has been used by the judiciary to avoid unequal political combat.
c) is unconstitutional.
d) has always been used by the Supreme Court to avoid political questions.
2. Roche states that the power of the Supreme Court to invade the political decision-making arena is the result of:
a) the separation of powers.
b) the lack of cohesive political majorities on many issues of public policy.
c) the result of a powerless Congress and president.
d) the result of pressure from the people.
3. The Supreme Court exercises judicial self-restraint by:
a) applying the doctrine of political questions.
b) proclaiming its inexpertise in certain matters concerning administrative action.
c) limiting its jurisdiction.
d) all of the above.
4. Limits upon an imperial judiciary include:
a) the case and controversy rule.
b) public opinion.
c) lack of judicial enforcement power.
d) all of the above
5. Justice William J. Brennan, Jr., goes to great lengths to emphasize that the Supreme Court:
a) is deeply involved in making social, political, and economic decisions.
b) is powerless.
c) does not have the responsibility to make social, political, and economic decisions.
d) is the only guardian of civil liberties and civil rights.
6. According to Justice William J. Brennan, Jr., an important limitation upon the Supreme Court is:
a) its inability to initiate action.
b) the requirement that it base its decision upon a record made by the parties to a case.
c) the congressional power of impeachment.
d) a and b