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lara31 [8.8K]
2 years ago
8

What are your view on judicial activism vs restraint?

History
1 answer:
Elena-2011 [213]2 years ago
3 0

Answer:

At most level, judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent.

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Explain how the North relied on the slaves of the South.
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Answer:The northern economy relied on manufacturing and the agricultural southern economy depended on the production of cotton. The desire of southerners for unpaid workers to pick the valuable cotton strengthened their need for slavery.

Explanation:

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-Checks and balances
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1. Congress: Can take in regard of this and possibly veto, or pass this.

Supreme Court(s): May declare legislative/executive actions due to violation in constitution.

2. President: He/She is not mandated to carry out the orders of the Supreme Court. However, the executive branch can place a check on the Supreme Court with/through refusal.

Congress: May not strip the U.S. Supreme Court of jurisdiction over those cases that fall under the Court's original jurisdiction defined in the U.S. Constitution. Congress can limit only the appellate jurisdiction of the Court.

3. President: Returns the unsigned legislation to the originating house of Congress within a 10 day period usually with a memorandum of disapproval or a “veto message.” Congress can override the President's decision if it musters the necessary two–thirds vote of each house.

Supreme Court: Limits. Congress may not strip the U.S. Supreme Court of jurisdiction over those cases that fall under the Court's original jurisdiction defined in the U.S. Constitution. Congress can limit only the appellate jurisdiction of the Court.

4. Congress: The Constitution grants Congress the sole authority to enact legislation and declare war.

Supreme Court: The Supreme Court does not have any enforcement power; the enforcement power lies solely with the executive branch. However, The supreme court may have the power to overturn an executive order by passing legislation that invalidates it.

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The question is stating/asking how the other powers will keep the main statement in check, basically meaning, how each powers will evaluate during one of these situations.

Depending on each power, they will be able to evaluate how they should solve the problems.

Congress: These people have the power to veto the president's request, as well as pass it, if they approve.

Supreme Courts: The court has the ability to declare acts (Legislative/Executive) in violation of the constitution.

This goes for all position in the political order in the world, but I have only named a few, if you would like, I can put more if needed.

(Some of the answers were part of info online, so that I could help you, but also help you understand better, as I am not that well in politics)

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EDGE 2021

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