Bellwork

What are the roles for the following individuals in a criminal trial?
1.

Judge

2.

Prosecutor

3.

Lays out evidence that the defendant is guilty.

Defense Attorney

4.

Decides on guilt and innocence, if there is no jury. Makes sure the trial is conducted
properly

Lays out evidence that the defendant is innocent.

Defendant

The person accused of a crime.

Judicial Restraint and

Judicial Activism
BONNIE L. BITTMAN
UNIVERSITY OF CENTRAL FLORIDA

The Supreme Court

The individual justices on the Supreme Court have their own opinions
and interpretations of the law.

Some believe that the words of the constitution should be followed strictly,
with no interpretation or change from their original meaning.

This is Judicial Restraint

Some believe that the Constitution is a living document that needs to change
to remain applicable to todays society.

This is Judicial Activism

Judicial Restraint

Courts should avoid constitutional questions when possible

Believe the following principles

Uphold all acts of Congress and States, except when they clearly violate the
constitution.

Do not use the court to change policy, promote new ideas.

Judicial Activism

Wants to actively use judicial review to interpret and enforce the

Constitution

Believe

Judges should use their power to correct injustice

Courts should make/shape public policy on.

Civil rights, individual rights, political unfairness.

Supreme Court Video Questions

As you view the DVD clip, think about the following questions:
1.

Who were the major players in the case?

2.

What was at the root of the conflict?

3.

What did the Court decide in the case of McCulloch v. Maryland? What
reasons did the Court give for its decision?

4.

Was John Marshall practicing Judicial Restraint or Judicial Activism?