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.

1. Why does Roche state that it is naive to assert that the Supreme Court is limited by the Constitution?

2. To what extent has the judiciary been limited as the result of political demands to curb judicial discretion?

3. What are the two major techniques of judicial self-restraint?

4. Why has the Supreme Court been able to exercise such broad-ranging policymaking powers in the American political system?

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…”

6. How does a case get docketed with the Supreme Court?

7. . Do you feel that the procedures of the Supreme Court described by Justice Brennan are adequate for the Court to meet its vast responsibilities?

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