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Judicial Activism
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ...
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Judicial Restraint
Judicial restraint is a judicial interpretation that recommends favoring the ''status quo'' in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of '' stare decisis'' (that new decisions should be consistent with previous decisions); a conservative approach to standing (''locus standi'') and a reluctance to grant ''certiorari;'' and a tendency to deliver narrowly tailored verdicts, avoiding “unnecessary resolution of broad questions.” Judicial restraint may lead a court to avoid hearing a case in the first place. The court may justify its decision by questioning whether the plaintiff has standing; or by refusing to grant ''certiorari;'' or by determining that the central issue of the case is a political question better decided by the executive or legislative branches of government; or by determining that the court has no jurisdiction in the matter. Judicial restraint may lead a court to decide in favor of t ...
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Federalist Party
The Federalist Party was a conservativeMultiple sources: * * * * * * * * and nationalist American political party and the first political party in the United States. It dominated the national government under Alexander Hamilton from 1789 to 1801. The party was defeated by the Democratic-Republican Party in 1800, and it became a minority party while keeping its stronghold in New England. It made a brief resurgence by opposing the War of 1812, then collapsed with its last presidential candidate in 1816 United States presidential election, 1816. Remnants lasted for a few years afterwards. The party appealed to businesses who favored banks, national over state government, and manufacturing an army and navy. In world affairs, the party preferred Kingdom of Great Britain, Great Britain and strongly opposed involvement in the French Revolutionary and Napoleonic Wars. The party favored centralization, Early federalism in the United States, federalism, modernization, industriali ...
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Sunset Provisions
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation, or other law that provides for the law to cease to be effective after a specified date, unless further legislative action is taken to extend it. Unlike most laws that remain in force indefinitely unless they are amended or repealed, sunset provisions have a specified expiration date. Desuetude renders a law invalid after long non-use. Origin The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical reference is traced in the laws of Plato.Antonios Kouroutakis, "The Constitutional Value of Sunset Clauses" Routledge 2017 At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule ''Ad tempus concessa post tempus censetur denegata'' is translated as "what is a ...
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Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Stanford University and Harvard Law School. Kennedy became a U.S. federal judge in 1975 when President Gerald Ford appointed him to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. ...
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Fox News Channel
The Fox News Channel (FNC), commonly known as Fox News, is an American multinational conservative news and political commentary television channel and website based in New York City, U.S. It is owned by Fox News Media, which itself is owned by Fox Corporation. It is the most-watched cable news network in the U.S., and as of 2023 it generates approximately 70% of its parent company's pre-tax profit. The channel broadcasts primarily from studios at 1211 Avenue of the Americas in Midtown Manhattan. Fox News provides a service to 86 countries and territories, with international broadcasts featuring Fox Extra segments during advertising breaks. The channel was created by Australian-born American media mogul Rupert Murdoch in 1996 to appeal to a conservative audience, hiring former Republican media consultant and CNBC executive Roger Ailes as its founding CEO. It launched on October 7, 1996, to 17-million cable subscribers. Fox News grew during the late 1990s and 2000s to ...
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Perry V
Perry or pear cider is an alcoholic beverage made from fermented pears, traditionally in England (particularly Gloucestershire, Herefordshire, and Worcestershire), parts of South Wales, France (especially Normandy and Anjou), Canada, Australia, and New Zealand. There is growing interest in artisanal perry production in the fruit-growing regions of the northwest United States. Perry typically has an alcohol content ranging from 5% to 9% ABV. Production Fruit The pears used to make perry are typically not the large, sweet varieties eaten as fresh fruit. Perry pears tend to be small and relatively the distinction between table pears and perry pears is similar to the distinction between table apples and cider apples. Perry pears are thought to be descended from wild hybrids, known as ''wildings'', between the cultivated pear ''Pyrus communis'' subsp. ''communis'' and the now-rare wild pear ''Pyrus communis'' subsp. ''pyraster''. The cultivated pear ''P. communis'' was brought t ...
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Fox News Sunday
''Fox News Sunday'' is a Sunday morning talk show that has aired on the broadcast Fox network since 1996, as a presentation of Fox News Channel. It is the only regularly scheduled Fox News program carried on the main Fox broadcast network. Hosted by Shannon Bream since 2022, the show features interviews with some of the biggest newsmakers in politics from the previous week and "takes on the week's hot political topics", in addition to panel discussions with other Fox contributors and a "power player of the week", which typically is a non-political "feel good" story to end the program. Host * Shannon Bream (2022–present): Bream, who has been with Fox News since 2007 and was the host of '' Fox News @ Night'' for five years, was named the permanent host to replace Wallace on August 11, 2022. She also serves as Fox News' Chief Legal Correspondent. Bream is also the first woman to officially host the program since its airing. Former anchors * Tony Snow (1996–2003): Founding a ...
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Theodore Olson
Theodore Bevry Olson (September 11, 1940 – November 13, 2024) was an American lawyer who served as the 42nd solicitor general of the United States from 2001 to 2004 in the administration of President George W. Bush. He previously served as the Assistant Attorney General of the Office of Legal Counsel of the U.S. Department of Justice from 1981 to 1984 under President Ronald Reagan, and he was also a longtime partner at the law firm Gibson Dunn. Early life and education Olson was born on September 11, 1940, in Chicago, the son of Yvonne Lucy (''née'' Bevry) and Lester W. Olson. He grew up in Mountain View, California, in the San Francisco Bay Area. After graduating from Los Altos High School in 1958, he studied communications and history at the University of the Pacific, where he was a charter member of the Phi Kappa Tau fraternity chapter. He graduated in 1962 with a Bachelor of Arts, ''cum laude''. He then attended the UC Berkeley School of Law, where he was a member ...
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George W
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he is the eldest son of the 41st president, George H. W. Bush, and was the 46th governor of Texas from 1995 to 2000. Bush flew warplanes in the Texas Air National Guard in his twenties. After graduating from Harvard Business School in 1975, he worked in the oil industry. He later co-owned the Major League Baseball team Texas Rangers (baseball), Texas Rangers before being elected governor of Texas 1994 Texas gubernatorial election, in 1994. Governorship of George W. Bush, As governor, Bush successfully sponsored legislation for tort reform, increased education funding, set higher standards for schools, and reformed the criminal justice system. He also helped make Texas the Wind power in Texas, leading producer of wind-generated electricity in t ...
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Solicitor General Of The United States
The solicitor general of the United States (USSG or SG), is the fourth-highest-ranking official within the United States Department of Justice (DOJ), and represents the federal government in cases before the Supreme Court of the United States. The solicitor general is appointed by the president and reports directly to the United States attorney general. The solicitor general's office argues on behalf of the federal government in almost every Supreme Court case in which the United States is a party and also represents in most cases in which the government has filed a brief as ''amicus curiae''. In the United States courts of appeals, the solicitor general's office reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. The solicitor general's office also reviews cases decided against the United States in the United States district courts and decides whether the government will file an appeal. Dean John Sauer i ...
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Kermit Roosevelt III
Kermit Roosevelt III (born July 14, 1971) is an American author, lawyer, and David Berger Professor for the Administration of Justice at the University of Pennsylvania Law School. He is a great-great-grandson of U.S. President Theodore Roosevelt and a distant cousin of President Franklin D. Roosevelt. Early life and education Roosevelt was born in Washington, D.C., on July 14, 1971. His father, also named Kermit, was a son of Kermit Roosevelt Jr. and a great-grandson of President Theodore Roosevelt. He graduated from St. Albans School (where he was a Presidential Scholar), Harvard University, and Yale Law School. He was a law clerk for Judge Stephen F. Williams of the D.C. Circuit, and clerked for U.S. Supreme Court Justice David Souter."Politics skews perception on judicial rulings: author". STEPHANIE POTTER. ''Chicago Daily Law Bulletin'' Pg. 10001. January 23, 2007. Career Roosevelt worked as a lawyer with Mayer Brown in Chicago from 2000 to 2002 before joining the P ...
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