1. Senior Capstone Presentation Bryant Isbell Judicial Politics: The Concept of Judicial Activism

2. Judicial Politics: The Concept of Judicial Activism. What is Judicial Activism? Judicial Activism versus Restraint. How are judicial decisions affected by party loyalty? Alexander Hamilton, Federalist 78 – What is his view on the Judiciary? Is Judicial Activism a problem, and should judges be allowed to play such an active role in the governing and law making process?

3. What is Judicial Activism? Definition of Judicial Activism – the process by which judges take an active role in the governing process. Judges are more likely to legislate to prescribe policy. Judicial activist believe in a more affirmative and aggressive judicial policy. Activists are more willing to say “no” to governmental enactments.

4. Activism versus Restraint. Definition of Restraint – judges will not take an active role, and will in most cases defer to another branch. Restrainers, in most cases, will only play an active role if there is a “clear” violation of the Constitution. Many scholars believe that judges have a responsibility to be somewhat judicially active. Example Huffman Lecture. Belief that judges have the responsibility to uphold not only the constitution, but also the rights of men.

5. How are judicial decisions affected by party loyalty? Many state judges are elected by a vote – because of this, they will act on behalf of their constituencies. Not only do states judges have their constituencies to answer too, but they are also affected by what party they are loyal too. State Judges, unlike federal must worry about reelection.

6. More on Party Loyalty Federal judges are appointed, giving them no constituencies to answer too. However, party loyalty does play a large part in federal appointments. Presidents appoint federal judgeships, and they appoint judges according to party.

7. Alexander Hamilton, Federalist 78 – views on the Judiciary. Hamilton wrote about the powers of the judiciary in the federalist 78. Judicial Branch has only the power to review and interpret. Warns against giving Judges too much power. Talks about the concept of checks and balances.

8. Is Judicial Activism a problem? Much controversy over how much power the Judicial Branch should have. James Huffman, and his beliefs that the judiciary should sometimes be active. E.J. Dionne, and his belief that the judicial system has too much power. Thomas L. Jippings, and his belief on the disagreements about judicial activism.