Judicial Activism And Restraint

Question 1

Judicial activism

Answer 1

• loose constructionalist
• equal partner to elected branches by striking down laws and policy that the constitution does not clearly prohibit
• warren court most active in upholding civil rights
• (Brown v Board of Ed) outlawed racial regeneration
• (roe v wade) , (obergefel v hodges) > liberal
• (Bush v gore) awarded presidency to bush
• (Citizens united v FEC) classing interest groups/corps as equal to people with 1st amendment rights
• (DC v heller) upheld 2nd amendment for everyone
• updating constit, extension of constit rights, acts as a Trojan horse bringing in liberal forms that would not have passed in congress

Question 2

Judicial restraint

Answer 2

• inclined to accept decisions of elected officials and defer to precedent rather than make new
• court must explain why if they break stare decisis
• Texas case strike down unethical standards for clinics > liberal restraint
• (Bucklew v Precythe) stating 8th amendment does not guard against a painless death, just a cruel and unusual one, in relation to precedents
• does not serve modern democracy
• constitution too vague, refrain from making decisions at all or will, “what the judges say it is”