prior restraint

Examples of prior restraint in the following topics:

• Freedom of Speech

  • Prior restraint.

• The First Amendment

  • Before the twentieth century, most free speech issues involved prior restraint.

• Judicial Activism and Restraint

  • Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.
  • Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
  • Former Associate Justice Felix Frankfurter , a Democrat appointed by Franklin Roosevelt, is generally seen as the model of judicial restraint.
  • When Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time magazine said he was not following the theory of judicial restraint.

• The Supreme Court as Policy Makers

  • The Supreme Court is not immune from political and institutional restraints: lower federal courts and state courts sometimes resist doctrinal innovations, as do law enforcement officials.

• Liberty

  • The latter designates a negative condition in which an individual is protected from tyranny and the arbitrary exercise of authority, while the former refers to having the means or opportunity, rather than the lack of restraint, to do things.

• Constitutional Limits

• Non-Democratic Governments: Authoritarianism, Totalitarianism, and Dictatorship

  • An autocracy is a system of government in which a supreme political power is concentrated in the hands of one person, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control.

• Article V

  • The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

• The 23rd Amendment

  • The amendment (as a resolution) was passed by Congress on August 22, 1978, but failed to be ratified by the required 38 states prior to its expiration on August 22, 1985.

• Committee Deliberation

  • Deliberation is a process of thoughtfully weighing options, usually prior to voting, emphasizing the use of logic and reason.
  • Deliberation is a process of thoughtfully weighing options, usually prior to voting.