Part 1:

The Judiciary

View and take notes on Professor Thomas Patterson’s lecture on the Federal Courts , then respond to the following two questions:

1. Do you agree or disagree with Alexander Hamilton’s statement that the “Judiciary is the weakest branch of government.” Explain and discuss the powers of  court in relation to the executive and the legislature.  Please be specific and use examples.

Part 2: Pages 216-217

[Module Learning Objectives Assessed: 7.1, 7.3]

Judicial Activism or Restraint

A hotly debated issue in recent years has involved judicial restraint verses judicial activism.

1. Describe these two judicial philosophies & explain their differences.
2. Is one philosophy always preferable to the other? or should circumstances  determine the use of one philosophy over the other? Is judicial activism sometimes necessary?

Helpful Links on Judicial activism and restraint:

• The Power of the Federal Courts
• Judicial Philosophy, Politics, and Policy
• Video: Judicial Activism vs Judicial Restraint (5:05)
• Why Judicial Restraint Best Protects Our Rights
• How Conservatives Abandoned Judicial Restraint, Took Over The Courts And Radically Transformed America

Once you have posted your response, the other students’ responses will appear. Please read over the other students’ response and then reply to at least one classmate. In your reply identify something you had not previously been aware of or something which challenges you to think differently.

Your response must be at least 300 words. List all web resources and referenced materials that were used. You must use the APA citation style format in listing references used and in parenthetical citations.