Judicial restraint verses judicial activism.

A hotly debated issue in recent years has involved judicial restraint verses judicial activism. There is a section on this in the textbook.

1. Describe these two judicial philosophies.

2. What are the differences between the two?

3. What role did this debate play in the confirmations of Clarence Thomas and Sonia Sotomayor? Thomas and Sotomayor follow which philosophy?

Here is a biography of Justice Sotomayor from Oyez-Supreme Court Media site. http://www.oyez.org/justices/sonia_sotomayor

Here is a biography of Justice Thomas from the Oyez-Supreme Court Media site. http://www.oyez.org/justices/clarence_thomas

4. The death of Justice Antonin Scalia has become a partisan issue. The Republican controlled Congress will not consider the nomination for the vacancy presented by President Obama because they believe that he cannot nominate a candidate because he is nearing the end of his term and it should be done after the election. What does the Constitution say about the nomination process?

Your report must be at least 300 words. List all web resources and referenced materials that were used. 

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