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| | Encyclopedia: Judicial restraint |
 | | Judicial restraint is a theory of judicial interpretation which endorses the limited exercise of power by the judiciary. | | | But however it is referred to, judicial restraint can always be characterized as a judicial philosophy which reviews law, rather than "make" it; defers to the democratically elected representatives of government; and holds in highest regard the intent of the framers of the Constitution, as well as the language of that document. | | | If judicial restraint is properly viewed as an implied constitutional command, then its failure to be specifically enumerated in the Bill of Rights or elsewhere in the Constitution is no ground for its denial or disparagement. |
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http://www.nationmaster.com/encyclopedia/Judicial-restraint
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| | Judicial Restraint |
| | 1) This judicial philosophy is generally preferred by Strict Constructionists (conservatives) because it tends to limit the ability or authority of the federal government to intervene in the affairs of state governments. | | | Their argument is that the 10th Amendment is controlling. |
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http://webclass.lakeland.cc.il.us/jjarrett/sg/Glossary/Judicial_restraint.htm
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| | DIFFERENCE BETWEEN JUDICIAL ACTIVISM AND JUDICIAL RESTRAINT. Free term papers for college, book reports and research ... |
| | Judicial Restraint, on the other hand, is the idea that the Court should not impose its views on other branches of the government or the states unless there is a clear violation of the Constitution (Wasserman American Politics 138). | | | I noticed that the judicial branch usually restrain themselves from involving in critical civil policy, but will be active when the time comes when the general public, in which the case is decided, feels a change is needed. | | | Gore case is a fine example of judicial activism. |
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http://www.smartessay.com/essay/005148.html
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| | Judicial Review, Judicial Restraint, Judicial Activism and Rights |
| | And you yourself want to uphold the Warren Court approach with respect to the Bill of Rights and the 14th Amendment which, I might point out, was basically the main thrust of the Warren Court. | | | But if not for the doctrine of incorporation coming out of the 14th Amendment, based on a very broad and "activist" interpreptation of its due process clause, the Bill of Rights would not apply to the states and local governments, and would thus be a dead letter. | | | Wade, which was not even a Warren Court case. |
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http://mailman.lbo-talk.org/2001/2001-May/009365.html
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| | Judicial Restraint Depends on Conservative Self-Restraint |
| | Judicial review is a valuable constitutional check against executive and legislative powers, but there is no good reason for court powers to be unchecked. | | | If conservatives sometimes seem to use judicial activism as shorthand for any ruling they dislike, it's a habit they have developed as their liberal opposite numbers on the federal bench have repeatedly read their own policy preferences into the law. | | | Our legal culture has in recent decades undergone a shift away from the supremacy of the Constitution and written law to the supremacy of court rulings. |
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http://usabig.com/autonomist/articles6/judicial.html
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| | Information on Judicial Restraint and the New Qualities of the Pardon for Sex-Offenders v1.0 |
| | The Judicial Restraint also has a test, but it is less strict. | | | In the other orders, either a particular person, target, or organization must be identified in order to place the Judicial Restraint. | | | Probation cannot be applied to anyone without there first having been a criminal case in which the test of 'guily beyond a reasonable doubt' has been met. |
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http://heh.ca/810.1
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| | E Law: Holmes, Jr.: Constitutional Interpreter and Convenient Patriarch for Post-1937 "Judicial Restraint" - Text |
| | The judicial restraint concept stems from one particular way of viewing the Court's power of "judicial review," originating in the seminal case Marbury v. | | | While it is correct to say that Justice Holmes did not believe in interfering with a legislative act unless it was clearly arbitrary and unreasonable,[118] he did not always defer to the majority, nor did he have any say regarding New Deal legislation. | | | Such a conventional viewpoint leads one to sense that either Justice Holmes believed in deferring to the legislative bodies under all circumstances, or he actually possessed the foresight and intent to put his seal of approval on the restraint of the New Deal Court. |
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http://www.murdoch.edu.au/elaw/issues/v7n1/liljegren71_text.html
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| | Judicial Restraint - United States v. Butler, Busing Ch5 page-78 |
| | Butler, "...unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint...." So is such an exercise by the states subject to Supreme Court restraint under the Supremacy Clause making the Constitution the supreme law of the land. | | | The significance of the President's action is that the grand design commands the respect of the most powerful as well as the least powerful regardless of how they might feel about the judicial rationale of the decision they must follow. | | | No President can abandon the positions taken and sustained by Abraham Lincoln through four years of bitter Civil War. |
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http://www.enstrom-foundation.org/Book/Ch5/Ch5-p078.html
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| | The Hindu : Other States / Punjab News : Call for judicial restraint |
| | The Judges and Magistrates must be guided by considerations of justice, fair play and restraint. | | | The Independence Day was celebrated in the premises of the Punjab and Haryana High Court here today with much zeal and zest. | | | Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu |
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http://www.hindu.com/2004/08/16/stories/2004081609730300.htm
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| | A Good Nomination (Joseph Farah Hails Bush Pick As A Home Run For Judicial Restraint Alert) |
| | And that is why his selection to the court is so heartening for those of us who want to return sanity and restraint to the courts. | | | But the Alito nomination is a step in the right direction in terms of overcoming judicial activism. | | | There are people who want to use the courts to rule without accountability to either the people or the law. |
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http://www.freerepublic.com/focus/f-news/1513117/posts
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| | Anchor Rising: "Restoration of Judicial Restraint Assists the Restoration of Good Will, Because Democratic Governance ... |
| | In a phrase, this means putting an end at last to the judicial legislating that was unleashed in the Warren era and that has slowed only on occasion ever since. | | | It is that the Court has hijacked those social disputes from democratic debate, preventing the kind of legislative compromises that would allow a social and political consensus to form. | | | But the larger goal should be to pick someone who has the intellectual conviction and firepower to help restore the High Court to its more restrained historical role. |
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http://www.anchorrising.com/barnacles/002154.html
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| | William and Mary School of Law Web Page |
| | Judicial Review and Non-generalizable Cases (with Alan J. Meese), Florida State University Law Review (symposium) (forthcoming). | | | Congressional Factfinding and the Scope of Judicial Review: A Preliminary Analysis, 50 Duke Law Journal 1169 (2001) (symposium). | | | Madison: The Emergence of A "Great Case," 38 Wake Forest Law Review 375 (2003)(article in symposium issue on judicial review). |
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http://www.wm.edu/law/publications/recent/recent.shtml
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| | Roberts: 'Judicial restraint' best way to keep courts in check - (BP) |
| | Roberts wrote a memo that apparently favored the limiting of jurisdiction as an attorney during the Reagan administration, Brownback said. | | | He then said such a case would begin with the "recognition that the liberty protected by the due process clause does extend to matters of privacy. | | | Roberts: 'Judicial restraint' best way to keep courts in check - (BP) |
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http://www.bpnews.net/bpnews.asp?ID=21627
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| | Judicial Restraint Term Papers, Essay Research Paper Help, Essays on Judicial Restraint |
| | Equipped with proper research tools and sources, we write essays on Judicial Restraint that are accurate and up-to-date. | | | One of our experienced professionals will choose and then email to you our BEST paper matching your Judicial Restraint request within 24 hours after you submit only $29.99 via PayPal or money order. | | | Have you already written a paper on Judicial Restraint, but would like us to CORRECT and IMPROVE your grammar, structure, spelling, clarity, and punctuation? |
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http://www.essaytown.com/topics/judicial_restraint_essays_papers.html
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| | KMIEC: Puffing Smoke in the Eye of Judicial Restraint |
| | Also under considerable pressure is the integrity of the court's commitment to judicial restraint. | | | Tobacco: The high court appears inclined to snuff out the government's authority to regulate cigarette makers. | | | An administrative agency given the task by elected representatives of protecting the public health, or the Supreme Court? |
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http://www.tobacco.org/news/32577.html
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| | AlterNet: Judicial Activism by Whom? |
| | Let's consider a couple of relevant facts regarding the Schiavo case that make it hard to swallow the argument that this was yet another case of liberal judicial activism run amok. | | | Please show your support with a tax-deductible donation. | | | For starters, a 1990 Supreme Court decision established that a person in a "consistent vegetative state" has a right to be removed from a feeding tube. |
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http://www.alternet.org/columnists/story/21736
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| | Poli Sci 102 Web : judicial_restraint |
| | JUDICIAL RESTRAINT - Many justices believe in strict construction or interpretation of the Constitution, are eager to follow precedents from previous decisions, and seek to avoid controvercy. | | | A text summary of the clickable map above, meant for web-crawlers and other automatic tools: |
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http://trumpet.sdsu.edu/x102/PSWeb/judicial_restraint.htm
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| | CNN.com - Conservatism, judicial restraint mark Rehnquist legacy - Sep 4, 2005 |
| | Supreme Court scholar David Yalof credits Rehnquist for ably moving the court in a conservative, consistent direction. | | | External sites open in new window; not endorsed by CNN.com | | | Supreme Court analysts say Rehnquist's judicial legacy is wide-ranging. |
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http://edition.cnn.com/2005/LAW/09/03/rehnquist.legacy/index.html
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| | Judicial Activism or Judicial Restraint? (vanity) |
| | Thus, far from being judicial restraint, the most leftward, activist Justices on the Court have decided that even well-maintained and societally beneficial areas may be taken simply if the local authorities decide they have some potential, secondary public benefit by giving it to someone else. | | | It's about judicial abdication of a duty to uphold the Constitution. | | | It's about judicial abidication of a duty to uphold the Constituition. |
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http://www.freerepublic.com/focus/f-news/1429721/posts
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| | AllRefer.com - Warren Earl Burger (Supreme Court, Biography) - Encyclopedia |
| | He was a consistent advocate for administrative reform in the court system. | | | Appointed to head the Supreme Court by President Nixon, and perceived as a conservative and an advocate of judicial restraint, Burger was less forceful than had been expected in limiting or reversing the liberal decisions of the court headed by his predecessor Earl Warren. | | | He was (1953–56) assistant attorney general in charge of the civil division of the Department of Justice before becoming judge of the U.S. Court of Appeals for the District of Columbia. |
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http://reference.allrefer.com/encyclopedia/B/Burger-W.html
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| | Instructions for Judicial Restraint Petition |
| | Page content and layout copyright © May 2001 by David A. Calvani | | | §D Signing and Sending the Judicial Restraint Petition | | | When sending the signed petition to Congress, send it either the House Judiciary Committee or the Senate Judiciary Committee (or both). |
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http://www.stop-the-tyrants.com/chap2/secD.html
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| | Terri Schiavo and judicial restraint The San Diego Union-Tribune |
| | The fault lies largely in the legislators, whose actions are heedless of the damage these bitter partisan controversies wreak on the independence of the judicial branch. | | | Take, for example, the words of President Reagan in a 1987 radio address explaining his nomination of Judge Robert Bork for the Supreme Court. | | | That's why over the years both progressive and conservative judges have understood the importance of judicial restraint – the principle that says the highest exercise of judicial duty is to subordinate the judge& private views to what the law permits or determines. |
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http://www.wwwuniontribune.com/uniontrib/20050324/news_lz1e24broder.html
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| | NPR : Author: Rehnquist Worked for Judicial Restraint |
| | Revisit some of the year's most compelling stories and interviews. | | | NPR : Author: Rehnquist Worked for Judicial Restraint | | | NPR.org, September 4, 2005 · Neal Conan talks with David G. Savage, author of Turning Right: The Making of the Rehnquist Supreme Court, about the legacy of the chief justice, who died Saturday at age 80. |
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http://www.npr.org/templates/story/story.php?storyId=4832316
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| | Disinformation :: Judicial Restraint |
| | But, just like Charles Dickens's shrewdly scheming legal clerk, Roberts clearly understood that, at "the present moment," being 'umble appeals to conservatives and liberals alike. | | | As for liberals, they've become believers in judicial restraint operationally; they'd be happy if the Supreme Court doesn't overturn Roe v. | | | After all, conservatives claim to favor judicial restraint as a matter of philosophy; as several Republican senators said in their opening statements, judges should not act like legislators or a continuing constitutional convention. |
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http://www.disinfo.com/site/displayarticle13142.html
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| | Backlash on Gay Rights Decision - and Hurray for Judicial Restraint |
| | The law there bans groups who discriminate against gays from having access to the state employees charitable giving program-- which means the Boy Scouts and other discriminatory groups don't qualify. | | | The post is at: http://www.nathannewman.org/log/archives/001026.shtml#001026 Backlash on Gay Rights Decision and Hurray for Judicial Restraint My position against liberal judicial activism on the Court, including opposing last month's sodomy decision, dismays some progressives who think we should grab any win we can get. | | | People may remember that a few years ago in the Dale decision, the Supreme Court struck down a New Jersey law that would have made the scouts anti-gay hiring policies illegal-- an act of conservative judicial activism that probably had far wider effects than the Texas decision would ever have. |
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http://nathannewman.org/pipermail/progblogs_nathannewman.org/2003-July/000018.html
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| | McCulloch v. Maryland on Encyclopedia.com |
| | Why the Congress was wrong and the Court was right - reflections on City of Boerne v. | | | Virginia and the problematic establishment of judicial power. |
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http://www.encyclopedia.com/html/M/McC1ulloM1.asp
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| | Ramesh Ponnuru & Robert P. George on Judicial Restraint on National Review Online |
| | Thinking seriously about judicial independence, and the state of our courts. | | | For years, conservative critics of judicial usurpation have attempted to combat abuses by trying both to get better judges appointed and to amend the Constitution to undo particularly objectionable decisions. | | | They are trying to abolish the filibuster of judicial nominees in order to get better judges on the bench, and some want a Federal Marriage Amendment to prevent usurping judges from redefining our most important social institution. |
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http://www.nationalreview.com/issue/ponnuru_george200505100809.asp
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| | ABC News: Alito Favors Exercise of Judicial Restraint |
| | In some instances, Alito said, Congress can simply write a new law to blunt the effect of a Supreme Court decision. | | | WASHINGTON Nov 30, 2005 — Supreme Court nominee Samuel Alito told senators Wednesday that federal judges must constantly guard against using judicial activism to get the results they want, especially when dealing with the nation's highest law, the U.S. Constitution. | | | Supreme Court Nominee Alito Says Judges Must Constantly Guard Against Judicial Activism |
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http://abcnews.go.com/Politics/wireStory?id=1358644
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| | ipedia.com: Damages Article |
| | Great judicial restraint is expected to be exercised in their application. |
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http://www.ipedia.com/damages.html
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| | Truman's Court: A Study in Judicial Restraint (Greenwood Publishing Group) doi:10.1336/0313263167 |
| | "A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. | | | Truman's Court: A Study in Judicial Restraint (Greenwood Publishing Group) doi:10.1336/0313263167 | | | Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own." Choice |
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http://dx.doi.org/10.1336/0313263167
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| | judicial restraint judicia... - LinX4U.com |
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http://www.linx4u.com/cgi-bin/search.cgi?keywords=judicial+restraint+judicia...
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| | Suburban Guerrilla » Judicial Restraint |
| | Owen’s rulings are considered so business-friendly and tainted that a member of the National Employment Lawyers Association once quipped, “In my more cynical moments, I suggest that, just as sports stadiums are now named after corporations, judicial seats are soon to follow. | | | In that vein, I believe that Justice Owen could well fill the Exxon/Mobil or Wal-Mart seat on the Fifth Circuit.” | | | There has been a good deal of coverage of Owen’s anti-choice stance but her pro-business leanings may be as disturbing. |
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http://susiemadrak.com/2005/05/19/07/24/judicial-restraint
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