AP Government - U2 Judicial Branch Review (Pt 4) - Judicial Philosophy & Activism/Restraint

Sep 30, 2026

AP Government U2 Judicial Branch Review (Part 4) focuses on judicial philosophy and the relationship between judicial review, life tenure, and debates about Supreme Court legitimacy. The lesson contrasts judicial activism and judicial restraint, linking each approach to constitutional interpretation methods such as originalism and precedent. It examines why the claim “activist = liberal” is false using judicial migration and court shifts over time, including the Warren, Burger, Roberts, and Rehnquist Courts. Practice includes multiple-choice and free-response prompts on the political nature of Supreme Court appointments.

LanguageEnglish

CategoryExam

FormatPDF

Pages33

Reading Time1 h 23 min

AccessFree to download

Warm Up

Judicial Philosophy Review

Judicial Activism vs Judicial Restraint

Court Comparison and Judicial Migration

Burger Court

Warren Court

Roberts Court

Rehnquist Court

Practice: MCQ

Practice: FRQ

Social Studies Virtual Learning AP Government: U2 Judicial Branch Review (Pt 4) April 24, 2020 AP Government Lesson: April 24, 2020 Objective: CON 5.B Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power. Warm Up In your notes, write down 4 observations of this data. Choose 2 of those observations and write down why this is something worth knowing. Lesson: Let’s Review…Judicial Philosophy (write these down!) Judicial Activism Judicial Restraint -The Constitution is a Living Document and should change with the times. -Judges make bold(er) policy decisions, even charting new constitutional ground with a particular decision. -The courts should use the power of judicial review to correct pressing needs that the majoritarian political process left unmet. -The Constitution should be viewed the way the Founders intended (Originalism) . -Judges should stick closely to precedent and play minimal policymaking roles, leaving policy decisions to the other branches/states. “The cardinal principle of judicial restraint – if it is not necessary to decide more, it is necessary not to decide more” Chief Justice Roberts True or False: Does Activist = Liberal? (Write down your answer and why you chose it!) Judicial Restraint Liberal Conservative Judicial Activism True or False: Does Activist = Liberal? Judicial Restraint FALSE! We will see this depicted better in a minute. But for now…there are some fun facts about these two courts! BURGER COURT **more conservative (many appointees by Nixon), but they allowed Roe v. Wade** Liberal WARREN COURT **most liberal court ever…focused on civil rights & liberties (Brown v. Board)** Conservative Judicial Activism Why was the previous question false? Because of Judicial Migration Judges & Courts Change Over Time Ike nominated Warren and said it was “The Biggest… Mistake I Ever Made.” Roberts Court 2005-present *currently conservative leaning; legacy remains to be seen: more restraint? Or more activist? Warren Court 1953-1969 *mostly liberal, and did mostly (all) activism Burger Court 1969-1986 *mostly conservative, but did both activism & restraint Rehnquist Court 1986-2005 *mostly conservative, and did mostly restraint Practice: MCQ Which of the following best defines the term “judicial activism?” a) The demands on judges to hear large numbers of cases. b) The efforts of judges to lobby Congress for funds. c) The attempts by judges to influence election outcomes. d) The tendency of judges to interpret the Constitution according to their own views. Practice: MCQ→ Answer Which of the following best defines the term “judicial activism?” a) The demands on judges to hear large numbers of cases. b) The efforts of judges to lobby Congress for funds. c) The attempts by judges to influence election outcomes. d) The tendency of judges to interpret the Constitution according to their own views. Practice: FRQ The Supreme Court is commonly thought to be “above politics.”However, one can argue that the appointment of Supreme Court justices is political. - Identify three characteristics of SC nominees and discuss how each characteristic has been politically relevant during the appointment process.

FAQs

What does the free-response prompt require students to do about Supreme Court nominees?

Students must identify three characteristics of Supreme Court nominees and explain how each characteristic has been politically relevant during the appointment process. The prompt also challenges the idea that the Court is completely “above politics.”

Sep 30, 2026

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