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Author Question: Compare and contrast judicial restraint and judicial activism by analyzing how a proponent of each ... (Read 136 times)

jc611

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Compare and contrast judicial restraint and judicial activism by analyzing how a proponent of each would view Roe v. Wade.
 
  What will be an ideal response?

Question 2

Explain the differences in welfare systems in the United States compared with nations in Europe?
 
  What will be an ideal response?



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al

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Answer to Question 1

An ideal response will:
1, Explain that a proponent of judicial restraint favors narrow interpretation of the Constitution and would only strike down a law that is clearly unconstitutional. Advocates of judicial restraint would argue that the Supreme Court should stand by its ruling.
2, Discuss that advocates of judicial activism would encourage the Court to abandon its previous position, which they would view as legally flawed, and allow more restrictions on a woman's right to have an abortion. Others would claim that Roe v. Wade itself was the product of judicial activism, and that legal restraint would require that the ruling be overturned to honor earlier precedent. A proponent of judicial activism would favor broad constitutional interpretation to promote justice and fairness.

Answer to Question 2

An ideal response will:
1, Discuss how welfare in the United States is fairly young in comparison to many European nations. Many American welfare programs were developed in the 1930s and 1960s, whereas European programs developed in the 1800s. This gave European programs a longer time to develop.
2, Discuss how the American welfare system is smaller than those in European nations. The United States spends less on welfare and ranks low in terms of expenditures.
3, Discuss how the American political culture favors individualism and personal responsibility over collective values. Americans, for example, are more likely to argue that lack of success is related to poor individual decisions, and that the welfare state undermines personal responsibility.
4, Discuss how the American system of government makes changes to welfare policy difficult. Power is divided across branches, and it is divided between the federal government and the states, making change slow and difficult.





 

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