Section 5
Recurring Constitutional Issues

 Capital Punishment
 Death Penalty
 Affirmative Action
 Giving favored treatment to certain groups i.e. – minorities and women
 Reverse Discrimination
 Unfair treatment of a group of people as a result of trying to help another group suffering from previous discrimination

 Quota
 Number making up a proportional share
 Judicial Activism
 What the court determines to be fair and just based on the facts it has been given
 Judicial Restraint
 Basing decisions on previous decisions dealing with similar legal issues

What cases reflect Judicial
Restraint?
 Abington v. Schempp
 Furman v. Georgia
 Roe v. Wade

 On what grounds has the Supreme Court ruled against laws allowing prayer in public schools?
 That prayer in public schools violates the establishment clause of the first
Amendment

 Why did the Supreme Court effectively ban the death penalty in the U.S.?
 Two judges said it was cruel and unusual punishment and three of them objected to the way it was applied


In the Court’s views, when are racial quotas considered a form of reverse discrimination?
 Racial quotas are considered reverse discrimination in any program receiving federal funds

 In what ways has the Supreme Court limited a woman’s right to an abortion?
 The Court has allowed states to ban abortions in the final 3 months of pregnancy AND a state may require a minor to tell one or both parents before having an abortion

 How is the philosophy of judicial activism different from the philosophy of judicial restraint?
 Judicial activism favors Supreme Court involvement in decisions about social policy
 Judicial restraint is that the Supreme Court would leave public policy to Congress and the
President

Engel v. Vitale – Supreme Court and school prayer
 The Supreme Court has strongly supported the separation of church and state. All their rulings have argued that the government cannot make laws that violate the establishment clause of the 1 st
Amendment