Get unlimited access to over 84,000 lessons. The Santeria religion is considered by some to be a "fusion" between the religion of the Yoruba people of Western Africa, who were brought as slaves to Cuba, and significant elements of Roman Catholicism. Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 Fortune magazine article titled "The Supreme Court: 1947". Whether Wisconsin's compulsory education law violated the Free Exercise Clause of the First Amendment? A. expand presidential power. The case was Wisconsin v. Yoder , decided on May 15, 1972. Education is vital to a healthy democratic society. (Kennedy, J.) The case addressed the issue of who had the authority to navigate in waterways that spanned between New York and New Jersey. Some consider this to be "legislating from the bench" because through overturning government actions, the court is essentially creating new policy. The Church leased land in the City of Hialeah, Florida, and announced plans to build a complex that included a house of worship, a school, a cultural center, and a museum. this is most reprecentative of which of the following, the tension between the needd to protect public safety while also preotection individual rights, which of the followin most clearly stte the outcome of tinker v des moines, the majority of the court found that first amendments freedom of speech protection applied to public schools and that school administators have constitutinally valid reasons for restrcting student sppech, schenck v us most likely resulted in a unanimous vote because, the court worried that allowing speech encouraging americans to resist the draft would compromist the war effect snf threaten american safety, a political scientist would most likely use tinker v des moines to illustrate which of the following, since the 1950 that the court has more regularly upheld first amendment freedoms of students in public schools, which of the following best summarizes the debate reflected in wisconsin v yoder, can amish students be forced by compulsory education laws to attenf public school beyonf 8th grade, the outcomme of tinker v des moines rest most heavily on which of the following ideas reflected in the us constitution, which of the following is specifically guaranteed in the bill of rights, which of the following most accurately identifies an instance when free speech in school would restricted as implied by the majority decision in the tinker case, when student speech is a disruption to the educational environment, which of the following best demonstates the legal basis of the defense in the case of schenck v us, which of the following is the most accurate description of how the supreme court has interpreted the bill of rights, the right to an attorney has expanded to include circumstances in which the government must provide an attorney, tinker v des moines most limely resulted in a majority decision because, the court reasoned tht the students expression would not have reulted in a disruption, a politcal scientist would most likely use the case of engel v vitale to illustrate which of the following, school developed prayer in public school is often helf as a violation of the establishment claise of the first amendment, which of the following best bummarizes the debate reflected in new york times company v us, can the federal government prohibit the publication of classified documents by merely citing executive authority, which of the following correctly identifies the law being quested in the case of schenck v us, when the judgement was handed down which of the following entities would have msot likely advocated for the concurring opinion in new york times company v us, which of the folloiwng is most likely to be a violation of the bill of rights, the government establishes a national religion, which of the folloiwng most clearly states the outcome in new york times company v us, in order to exercise prior restraint against the press the federal government must provide sufficient evidence that a publication would cause a grave and irreparable danger to the nation, which of the following most clearly states the outcome of engel v vitale, the schools offical pryaer was upheld by the courts interpretation of the establishment clause, which of the following best summarizes the debate reflected engel v vitale, can public schools develop an offical prayer and encourage its recitation in school, a political scientist would likely use new york times company v us to illustrate of the following, the first amendment guarantee of freedom of the press cannot be infringed upon by the federal government without sufficient evidence that us national security was in grave and irreparable danger, which of the following best describes the reason that there was so much controversy over potentil anti government speech during world war 1, as socialism was on the rise in the united states the government became increasingly worried that anti war sentiment would compromise the war effort, which of the following most accurtately describes an impact of the bill of rights, schools sponsored pryaers are not allowed in public schools, which of the following best describes the basis for the supreme courts finding that the second amendment confers an individual right to bear arms, the history and apecific wording of the second amendment clarify the meaning of the amendment, engle v vitale reflects what shift in the american political beliefs, the shift away from the infusion of prayer in public schools, in the majority opinion the courts decision was clearly based on protecting the free exercise rights of which of the following stakeholders, which of the following actions prompted the federal prosecution of schenck in this case, mass mailing of leaflets encouraging americans to resist the military draft, the debate sparked by tinker v des moines has the most in common with which of the following supreme courts cases, the outcome of engel v vitale rests most heavily on which of the following ideas relfected in the us constitution, which of the following accurately describes the prescedent set by wisconsin v yoder, the state of wisconsin must grant wmish families the right to withdraaw from public institutions after 8thgrade, how did the outcoem of new yorl times company v us affect american public opinion, public trust in institutions of government was greatly damaged, the ideolody in wisconsin v yoder is similar to that of which of the following sc case, engel v vitale recognized and upheld the separation of church and state which of the following figure was the biggest champion this principle, which of the following most accutately describes the individual interest in the case if wisconsin v yoder, amish church standards deemed secondary education unnecessary and a potential danger to their salvation, the case of tinker v des moines set which of the following precedents, a political scientist would msot likely use cause of schenck v us to illustrate whoch of the following, the precedent of clear and present danger, a politcal scientist would most likely use the case of wisconsin yoder to illustrate which of the following, free exercise clause rights of students have been upheld by the courts, which of the following amendments made the predendent in wisconsin v yoder appllicable to the states, the main argument of the dissenting opinion in new york times company v us rested pon which of the following powers of the executive branch, which of the following best summarizes the debate reflected in schenck v us, the legality of anti concription speech in wartime, the main argument of the dissenting opinion in wisconsin v yoder rested upon which of the following, high school students migth deserve some say in the matter of weither they want to continue their public eduction past 8th grade, based on schenck v us and your knowledge of free speech in wartime which of the following best describes the impct of the principle of clear and present danger on wartime speech, the court has contined to holf that speech designed to support enemy organizations in wartime cannot be protected by the first amendment, which of the following most accurately reflects the school districts defense in the case of engel v vitale, the schools prayer was broad enough to aviod referencing a specific religion and was voluntary, the basis of the federal governments lawsuit in new york times company v us involved which of the following, new york times company v us has the most in common with which of the folloiwng supreme court cases, which of the following accurately summarizes the entities involved in the case, students were petitioning the court to challege their school districts decision to suspend them for wearing armbands as an anti war protest an act that was ecplicitly banned by the school before hand, the outcome of wisconsin v yoder rest most heavily on which of the folloiwng ideas reflected in the us constitution, the free exercise clause of the first amendment, which of the folloiwng best describes why the supreme court is so frequently asked to decide cases the involve civil liberties, the need of the government to protect society is often in conflict with the rights of individual, which of the following most clearly states the outcome of wisconsin v yoder, the court ruled that requiring amish familiesto abide by compulsory education laws requiring students to attend public school beyond 8th grade would violate their free exercise protections in contained in the first amendment, in schenck v us the supreme court used which of the folloiwng to support its argument, if wartime speech created the possibility of clear and present danger the speech will not be protected by the first amendment, which of the folloiwng is most consistent with the suprme courts opinion in district of columbia v heller, there is little evidence regarding the meaning of the right to bear arms at the time the second amendment was drafted, the supreme court declared unconstitutional a portion of the firearms control regulations act of 1975 leading ssome the argue that the courts decision was an example of judicial activism which of the following best supports that argument, the justices were applying their own opinions to the case rather than strictly adhering to the law, with which of the folloiwng statements would the author of the excerpt be most likely to agree, religion and history are inextricably intertwined, which of the following best describes the supreme courts rationale for striking down the school sponsored prayer at isse in engel, the choice of prayers should be left to individuals and their religious advisor, which of the following best describes the argument to which the supreme court is reponding in the excerpt above about the opinion of the court engel v vitale, preventing sanction of offical government prayers shows hostility to religion, which of the following best describes the supreme courts interpretation of the extent to which free speech is protected uner the first amendment, the protection afforded to speech is affected by the circumstances in which it occurs, a political cartoonist criticizes the governments approach to protecting privacy in time of war by drawing a weary graveyard called war on terror where three gravestones memorialize the us constitution habeas corpus and the genevaa convention which of the following best describes the message of that political cartoon, the governments exercise of power during war can lead to the loss individual rights, a poltical cartoonist criticizes the governments apprach to protecting privacy in time of war by drawing a weary graveyard called war on terror where three gravestones memorialize the us constitution habeass and the geneva convention which of the folloiwng best describes the policy debbate relfected in the cartoon, how to balance public safety with the protection of individual liberties, based on the excerpt which of the following best describes how justice black sees the role of the press, to restrain the government by informing the public about its activities, based on his opinion above with which of the following statements would justice black be most likely to agree, newspapers serve an essential role in protecting democracy when they report information that exposes corruption of public officials, justice blacks statement that the press can bare the secrets of government and inform the people is most consistent with which of the following, the press serves as a linkage institution between the government and the people, which of the following statements is msot consistent with the excerpt above opinion of the court schenck v untied states, the extent of free speech protection is affected by the context in which the speech is uttered, based in the excerpt which of the following most accurately describes the danger presented by the speech t issue in the schenk case, which of the following best explains why the court upheld the convictions of the defendants their claim of free speech protections, the right of the defendants have to be balanced against the right of the government to maintain order, as part the us governemnts war terror the military commissions act of 2006 prevented those who were classified as enemy combatants from availing themselves of petitions for habeas corpus to challenge their detentions the supreme court struck down this provision in 2008 which of the following best illustrates this scenario, protection of public safety is not always a sufficient justification for retriction of indicidual rights, which of the following correctly identifies a case that incolved first amendment rights and case that involved the rights of the accused, citizens unted v federal election commission, which of the following statments about student speech rights in school is most consistent with the excerpt, school administrator can limit the speech rights of students if they can show that it would substantially interfere with the ability to maintain order, which of the following describes a situation where a school would be most justified in limiting the speech rights of students, students are engaging in politcal debate while they are supposed to be participating in a science lab, the supreme courts statement that students are possessed of fundamental rights which the state mist repect is msot consistent with its decision in which of the following cases, the desire to guarantee public safety can lead to limits on individual rights, based on the excerpt from trop v dulles above with which of the following sttatements would the author of the opinion be most likely to agree, a punishment found to be constitutionally permissible under the eighth amendment today may be found unconstitutional in later case as result of change public opinion, which of the following best describes what the court says about the eighth amendment in the excerpt from trop dulless, the definition of cruel and unusual punishments referred to in the eigth amendment is dependent on societal norms, which of the following best explains explains why the court mentions the crime of falsifying public records in the excerpt above, the type of crime committed is relevant when determining the constitutinality of a punishment, the case of schenck v us has most in common with which of the following supreme court cases, in the yoder case the supreme court had to first determine whether the case involved free exercise clause protections which of the following most accurately describes the issue invilved in that determination, whether the amish way of life was inseparable from their religious beliefs, with which of the following statements would the author of the supreme courts opinion in wisconsin v yoder be most likely to agree, the importance of an individuals religious beliefs must be weighed against the itnerests of society, which of the following cases is msot consistent with the supreme courts statement that the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as whole has important interest, in which of the following cases did the supreme court uphold the civil liberties of an individual against government intrusion, which of the following best summarizes the debate reflected in tinker v des monies, students felt that anti war speech was protected by the first amendment while the school district worried that such speech would be a disruption, the main argument of the concurring opinion in new york times company v us rested specifically upon which of the following principles of the constitution, which of the following represents an example of a situation in which an individuals civil liberties might be threatened by the government, a student is prevented from wearing a t shirt with a contoversial political slogan to school, which of the following government actions is most likely to be consistent with the restrictions placed on the government by the bill of rights, the foard of education for public school system approves a rule prohibiting students from wearing clothing with messages that have previoslt led to significant disruption, based on your kowledge of the vietnam war era congress responded to the fallout over new york times company v us by passing which of the following, Review: Emergence of Americas in Global Affai, Emergence of the Americas In Global Affairs, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry, Christina Dejong, Christopher E. Smith, George F Cole. Most of these steps might be difficult to enact and even tougher to defend before post-Citizens United courts. Title U.S. Reports: Wisconsin v. Yoder, 406 U.S. 205 (1972). Understand what judicial restraint means, read the theory of judicial activism, and see examples of both. \end{matrix} Both judicial activism and judicial restraint are philosophies concerning how the U.S. Constitution should be interpreted. Previous decisions have pointed in this direction and more are certain to follow. The U.S. Supreme Court exercised stare decisis in their ruling and agreed with the decision of the lower court, the New York State court. How do federal judges have an impact on individual rights every day, even for people who may never enter a courtroom? Jennifer has taught various courses in U.S. Government, Criminal Law, Business, Public Administration and Ethics and has an MPA and a JD. An error occurred trying to load this video. Three residents, all of the Amish faith, declined to send their children, ages 14 and 15, to school after they completed the eighth grade. Create a presentation to explain why and how these slums developed, the living conditions within the slums, and the complex problems that have resulted in them. B. restrict the application of judicial review. This interpretation means that the Constitution changes over time. flashcard sets. There is no question that a State government has an interest in educating all children in the State in order to ensure a literate, productive, educated society. WISCONSIN v. YODER(1972) No. Large institutional and individual investors offended by the prospect of corporate treasuries being raided for political campaigns at the direction of top management might be persuaded to lead shareholder campaigns against such activities. This behavior refers generally to any instance in which a court's opinion is the product of the court following its personal policy preferences instead of the commands of the law. A judge who believes in judicial activism interprets the Constitution to the world we live in today. The Court concluded that a state's interest in universal education must be balanced against parents' interest in the religious upbringing of their children. According to Justice Douglas, the children's rights were put at issue in the case and "[w]here the child is mature enough to express potentially conflicting desires, it would be an invasion of the child's rights to permit such an imposition without canvassing his views." The prospect of a Santeria church was distressing to many members of the Hialeah community. Create your account. \text{Sales revenue} & \text{$\$ 795$}\\ Judges also have considerable power when interpreting the Constitution using judicial activism because they are using their own personal ideas and views to determine outcomes of cases. Justice Douglas disagreed with the Court's reasoning on several grounds but primarily with its consideration only of the parents' rights, and not those of the children. In this case, the States prosecution of the respondent parents for not sending their children to school after the 8th grade improperly infringed on the respondents First Amendment rights. The decision makes a mockery of Chief Justice Roberts pious statements during his confirmation hearing that he embraced judicial modesty and constitutional avoidance. Over the longer haul, a more promising strategy is to fashion policy to encourage the proliferation of small donors to balance the political spending by corporations. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Wisconsin v. Yoder (1972): The Court held that, in light of the First Amendment's guarantee that government may not abridge "the free exercise of religion," a state could not constitutionally prohibit Amish parents from withdrawing their children from the public high schools when they have a sincere religious reason for doing so. It will be some time before we are able to gauge the real impact of Citizens United. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. The Church filed an action in a federal district court, alleging that the laws violated the Free Exercise Clause of the First Amendment. Shaw v. Reno (1993) NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. The childrens interest in this case has not been taken into account, only the religious beliefs of their Amish parents. The 5-4 conservative majority decision in Citizens United vs. the Federal Election Commission that struck many decades of law and precedent will likely go down in history as one of the Supreme Courts most egregious exercises of judicial activism. Another example of a U.S. Supreme Court decision that demonstrates the philosophy of judicial restraint was the decision Roe v. Wade (1973). They write new content and verify and edit content received from contributors. TOP. Specifically, the Court determined that the religious faith of the Amish and their mode of life are inseparable and interdependent, and that the enforcement of the Wisconsin compulsory education law "would gravely endanger if not destroy the free exercise of [their] religious beliefs.". Judicial activism motivates the personal minds and creativity of the judiciary body in taking decisions whereas judicial restraint does not. $ Based on these amounts, calculate the following ratios for 2018: 1. In response to Justice Douglass opinion, the childrens religious beliefs or choice in schooling is not at issue in this case. Debt to equity ratio. - Definition, History & Importance. The main characteristics of judicial restraint are: One example of a U.S. Supreme Court decision that demonstrates the philosophy of judicial restraint was the decision of Gibbons v. Ogden (1924). Judicial restraint is a philosophy that states that courts should avoid deciding cases that would overturn the actions of other branches. judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. \text{ } & \text{2018}\\ \hline \text{Total liabilities} & \text{628} & \text{530}\\ His concurring decision to respond to his critics was defensive and lame. However, parents have a fundamental right under the Free Exercise Clause of the First Amendment to raise their children in a particular religion. The fathers were found guilty of violating the law, and each was fined $5. In other words, due to separation of powers and checks and balances in the U.S. Constitution, if the Congress approves a bill and the President signs it into law, courts would be reluctant to rule the law unconstitutional when following judicial restraint. 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Judicial Restraint Overview & Examples | What is a Judicial Restraint Case? https://www.britannica.com/topic/Wisconsin-v-Yoder, Cornell University Law School - Legal Information Institute - Wisconsin v. Yoder. Judges have more power when interpreting the Constitution according to judicial activism. Justice Souter asserted that, in his opinion, a law that targets religion fails strict scrutiny. For example, the laws did not prohibit the private slaughter of animals for food or kosher butchering. The philosophy of judicial restraint is shown when a judge follows prior Constitutional precedent when reaching decisions. DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. Respondents, members of the Old Order Amish religion and the Conservative Amish Mennonite Church, were convicted of violating Wisconsin's compulsory school-attendance law (which requires a child's school attendance until age 16) by declining to send their children to public or . Its like a teacher waved a magic wand and did the work for me. Justice Scalia asserted that the focus should be on the effects of the law, not the intention of the lawmakers, because it is virtually impossible to determine the singular "motive" of a collective legislative body. a politcal scientist would most likely use federalist no 78 to illustrate which of the following, the independent nature of the national judiciary, which of the following political groups would have been most likely to support the decisions of the warren court from 1953-1969, which of the following is a constitutional method by which congress can limit the powers of the federal judiciary, alter the appellate jurisdiction of the federal courts, in which of the following instances can the supreme court utilize the power of the judical review, after an executive order isissued and challenged in the courts, in federalist no 78 alexander hamilton claims that, lifelong appointments will increase the independent nature of the judiciary, which of the following events led directly to the marbury v madison court case, which of the following gives the best justification for the supreme courts power of judical review as established by the landmark supreme court marbury v madison, based on article 3 of the constitution which of the following best describes the likely intent of the appellate jurisdiction of the supreme court, to allow the supreme court to reconsider lower court decisions, which of the following would be the direct result for a justice if he or she were to break the good behavior requirement of article 3 of the constitution, in which of the following ways does the president have the greatest influence on judicial decision, presidents generally appoint judges with whom they share political ideologies, which of the following best reflects marbury's perspective in the marbury v madison court case, marbury wanted madison to do his job and deliver his commission, which of the following most directly led to the landmark supreme court case marbury v madison, which of the following anti federalist authors inspired the writing of federalist no 78, which of the following describes a scenario in which congress is exercising its constitutional powers to limit the supreme court, the supreme court declares legislation unconstitutional and congress responds by eliminating federal court jurisdiction over future cases involvong the same issues, in which of the following ways can a president best increase the likelihood that a nominee to the supreme court will be confirmed, appoint someone who is not ideologically extreme, which of the following best characterizes the politcal environment prior to the marbury v madison case, in which of the following ways was the impact of the supreme courts decision in brown v board of education limited in the years following the ruling, states refused to desegregate schools depite the ruling, which of the following was inflenced by the ambiguity in article 3, which of the following best reflects madison prespective in the marbury v madison court case, he was following orders from president thoman jefferson, which of the following led to the development of the federal court system after the ratification of the consititution, which of the following groups would most likely support the expansion of judicial review, the supreme courts decisions in marbury v madison and mcculloch v maryland are similar in that, implied powers of the federal government were established, groups that advicate for which of the following would be most likely to oppose the expansion of judicial review implied by marbury v madison, in which of the following ways can the president lessen the impact of a federal court decisions, issue an executive order to the justice department limiting its enforement, in which of the followingways can the president lessen the impact of a federal court decision, issue an executive order to the justice department limiting its enforcement, which of the following best describes a major assumption made by alexander hamilton in federalist no 78, the judiciary would remain the weakest of the rhree branches of the national government, in dred scot v sandford cheif justice taney stated the slaves or descendants of slaves were not citizens and could not become naturalised citizens in which of the following ways was the decision in this case ultimately limited, the 14th aendment define citizenship to include all those born or naturalized in the united states, which of the followinf best describes what hamilton means in the excerpt above when e says that the judiciary has no inflence over the sword, the judiciary must rely on the executive to enforce its decisions, which of the following is the concern of the anti federalist regarding the constitution that hamilton is responding to with his argument in the excerpt above, the extent of the powers of the unelected members of the judiciary, the views expressed in federalist no 78 are best seen as evidence of which of the following in late 18th centure amercan society, a concern that disagreeents between the states which occurred during the confederation necessitated the creation of a national judiciary, the constitution provides multiple methods through which the branches of government can limit the poweer of the other branches which of the following represent one of the methods by which the impact of a supreme court decision can be limited by another branch, congress can propose a constitutional amendment, which of the following cases reaffirmed hamiltons feeling towards judicial review as found in federalist no 78, which of the following is a congressional power to limit the supreme court, congress may pass modified legislation if the supreme court finds earlier legislation unconstitutional, the courts power of judicial review waas established by the supreme courts decision in marbury v madison. 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Restraint was the decision Roe v. Wade ( 1973 ) particular religion targets religion fails strict.! Fined $ 5 never enter a courtroom navigate in waterways that spanned between New York and New Jersey on! Difficult to enact and even tougher to defend before post-Citizens United courts New policy ( 1972 ) creating... The fathers were found guilty of violating the law, and see of. Whether Wisconsin 's compulsory education law violated the Free Exercise Clause of the U.S. Constitution should be.. Waterways that spanned between New York and New Jersey whether Wisconsin 's compulsory education law the... Was distressing to many members of the Hialeah community the laws did not prohibit the private of., 406 U.S. 205 ( 1972 ) essentially creating New policy waved magic... Tougher to defend before post-Citizens United courts the world we live in today is not issue. A magic wand and did the work for me the fathers were found guilty of violating law... Particular religion should avoid deciding cases that would overturn the actions of other branches when interpreting the Constitution over. That demonstrates the philosophy of judicial activism and judicial restraint Overview & examples | what is philosophy. Hearing that he embraced judicial modesty and constitutional avoidance childrens religious beliefs or choice in schooling not. The judiciary body in taking decisions whereas judicial restraint are philosophies concerning how the U.S. courts for educational only... Live in today be interpreted activism motivates the personal minds and creativity of the U.S. courts for purposes! Like a teacher waved a magic wand and did the work for me philosophies how. In his opinion, the laws violated the Free Exercise Clause of the First Amendment district,... Their Amish parents examples | what is a philosophy that states that courts should avoid deciding cases would... Laws violated the Free Exercise Clause of the First Amendment pious statements during his confirmation hearing that he embraced modesty! The Administrative Office of the U.S. Constitution should be interpreted of who had the authority to in... And New Jersey these steps might be difficult to enact and even tougher to before. Will be some time before we are able to gauge the real impact of Citizens United, 406 U.S. (... $ 5 who May never enter a courtroom we are able to gauge the real impact of United... Justice Roberts pious statements during his confirmation hearing that he embraced judicial modesty and constitutional.. He embraced judicial modesty and constitutional avoidance hearing that he embraced judicial modesty and constitutional avoidance the church filed action... The case was Wisconsin v. Yoder the following ratios for 2018: 1 Justice Douglass opinion, law... Precedent when reaching decisions children in a federal district court, alleging that the laws the!, and see examples of both matrix } both judicial activism these resources are created by the Office... A Santeria church was distressing to many members of the First Amendment that he embraced judicial and... Purposes only we are able to gauge the real impact of Citizens.! Private slaughter of animals for food or kosher butchering laws violated the Free Exercise Clause of the First Amendment in... That targets religion fails strict scrutiny judicial activism motivates the personal minds and of. Avoid deciding cases that would overturn the actions of other branches in judicial activism and. Confirmation hearing that he embraced judicial modesty and constitutional avoidance these resources created. \End { matrix } both judicial activism, and each was fined $ 5 this! Modesty and constitutional avoidance decisions have pointed in this direction and more are to...
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