Essay about Criminal Restraint Vs. Judicial Activism

Essay about Criminal Restraint Vs. Judicial Activism

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When deciding on outcomes to a case all judges must adhere to the laws as outlined by the state; in the matter of the Supreme Court, the judges must ascribe the U.S. Constitution as their bases for law. When interrupting the Constitution under these conditions two views become distinctive; those who view the constitution as static and unchanging are deemed originalist, and those who view it as a fluid piece of legislative that must be interpreted with the times as non- originalist. These views have conflicted in many cases, most notably the Obergefell v. Hodges Supreme Court case. It is then that these two camps will view the case in light of the constitution under different perspectives.
Judicial Views
Originalist
Supreme Court judges must use their expertise as well as their personal stance on deciding outcomes of cases. These stances are largely different in respect to how the constitution is interrupted.
“Debates over proper constitutional interpretation have travelled under different headings: strict vs. loose construction; judicial restraint vs. judicial activism; interpretivist vs non-interpretivist… originalist against opponents – captioned, often interchangeably, ‘non-originalist’ or ‘living constitutionalists” (Berman, 2011, p. 408).
What this centers around is that there can be, nearly put, only two views in which induvial view the constitution. Those who support the case that it is non-changing and that judges should maintain its original meaning as close as possible without change are termed originalist. On the other side of the spectrum exist those who view the constitution as a fluid piece of legislature and that judges should use the majority opinion of the people as well as their skills to interpret the consti...


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...they feel their government is representing them accurately.
The dangers presented is that originalist will fall into stagnation and can possibly cause social upheaval where the majority no longer feel their government is supporting them accurately. The dangers of non-originalist is that the opinions of judges could go too far and as such the constitution could become blurred or even to a large degree unrecognizable and then cannot be applied or respected accurately or efficiently.
Conclusion
Originalist view the constitution in alight that reflects a static view of the document to some extent. Where non- originalist view the document in a light that allows change. As the Obergefell case demonstrated, the constitution needs to be viewed in the light of the latter so as to allow judges the opportunities to shape the laws of the land in ways the public approves of.

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