Word: restraint
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Even within the unemotional confines of the legal profession, the Warren court has often been attacked. Usually the line is drawn between two factions. There are those who, like the late Justices Louis Brandeis and Felix Frankfurter, believe in strict judicial restraint, holding that the court exists not to make law but to interpret it rather strictly. And there are the judicial activists, who believe that many wrongs can be righted by following the broad mandate of the Constitution. The main thrust of the Warren court, particularly since Frankfurter's retirement in 1962, has been toward activism. This view...
What effect it will have on the economy is less sure. At best, it will ease inflationary pressures. But there is also a danger that the combined restraint of higher taxes and reduced spending will prove too powerful a brake, throttling expansion rather than merely controlling...
...Congress exempted certain categories from the restraint: Viet Nam, federal-debt service, veterans' benefits, social security, and the Commodity Credit Corporation...
...justify a law that seeks to protect the individual from himself? In Michigan, the Court of Appeals recalled an 1889 state court ruling: "Under our system of government, the aim is to leave the subject entire master of his conduct, except when the public good requires some direction or restraint." A law requiring motorcyclists to wear helmets, continued the court, "has a relationship to the protection of the individual motorcyclist from himself, but not to the public health, safety and welfare." So Michigan's motorcyclists no longer must use helmets. But the Rhode Island Supreme Court was "not persuaded...
...House committees) and are therefore more capable than the kind of student who goes in for campaigning in student elections. A final explanation of the HPC's success (held by many of the members) is that they get things done by meeting in secret, debating questions without the restraint of observers, and hammering out positions which the whole committee backs...