Unit 4: Institutions
Philosophy that the courts should
take an active role in solving social,
economic, and political problems
B. Courts should uphold the “guardian
ethic”: they act as a guardian of the
people
A.
Texas v. Johnson, 1989- Flag burning
2. Clinton v. NY, 1998- Line Item Veto
3. Bush v. Gore, 2000- Florida recount of
election
4. Atkins v. Virg, 2002-Death Penalties for
mentally disabled
5. Lawrence v. Texas 2003-Sodomy in
Texas
1.
Philosophy that the courts should allow
the states and the other two branches
of the federal government to solve
social, economic, and political problems
B. Constitutional Questions
C. Interpret v. make law
D. Original Intent of founders
A.
A.
(Warren Court 1953-1969)-Exs of activism
[conservatives not happy]
1. Rights of the accused, i.e. requiring police to issue
“Miranda warnings”-Miranda v. Arizona
2. Civil rights, i.e. desegregating public schools in
-Brown v. Board
1. Civil liberties, i.e. prohibiting prayer in school-Engle v. Vitale
B. The Burger Court (1969-1986)
1. Roe v. Wade (1973)- Abortion
2. UC Regents v. Bakke (1978)-Affirmative
Action
C. Rehnquist Court (1986-2005)
1. Overturning of liberal precedents from past
Exs:
a) Overturning Gun Free School Zones ActU.S. v Lopez
a) Overturning Florida Supreme Court decisions in
election 2000-Bush v. Gore
C. Roberts Court (2005-present)
1.
2.
3.
Has been said to run court just like Rehnquist
Trend is pointing to a more conservative court
Issues in court today: 4th amendment,
environmental law, gay marriage, Voting Rts
Act, campaign finance, privacy, Obamacare,
Religious Freedom
Identify judicial restraint & judicial
activism
2. Discuss 1 case as an example of judicial
activism
3. Discuss 1 case as example of judicial
restraint
1.