Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life,and thus whose decisions shape the lives of "We the people" for a long time to come.
Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden ("Emancipation Proclamation" of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a fede...
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Judicial Activism vs. Judicial Restraint Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life,and thus whose decisions shape the lives of "We the people" for a long time to come. Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision.... [tags: Papers]
468 words (1.3 pages)
- The Difference between Judicial Activism and Judicial Restraint Our American judiciary branch of the federal government has contributed and molded our American beliefs in this great nation. This branch of government is respected because of the code of conduct that the judges, no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this widespread respect. Throughout the history of the United States, I noticed a pattern of "cause and effect" that our judiciary branch had practiced.... [tags: Papers]
641 words (1.8 pages)
- 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.... [tags: United States Constitution]
1439 words (4.1 pages)
- Judicial Restraint/Activism Justice William J. Brennan, Jr. said it the best in his speech to the Text & Teaching Symposium, "We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans." Justice Brennan also called the Constitution a fundamentally public text and called for its use to resolve public issues. If that is true, then the document must be interpreted from today's perspective - Judicial Activism. However, using only that approach would be saying that the work of the original framers was mute.... [tags: Papers]
903 words (2.6 pages)
- Restraint and Activism Judicial activism is loosely defined as decisions or judgements handed down by judges that take a broad interpretation of the constitution. It is a decision that is more of a reflection of how the judge thinks the law should be interpreted rather than how the law has or was intended to be interpreted. There are many examples of judicial activism; examples include the opinions of Sandra Day O'Connor in the Lynch v. Donnelly and the Wallace v. Jaffree trials. Sandra Day argues for the changing of the First Amendment's ban on "establishment" of religion into a ban on "endorsement" of religion.... [tags: Papers]
379 words (1.1 pages)
- The American Judicial system has proved to be more troublesome and controversial than the founding fathers would have imagined. The debate on whether judicial activism or judicial restraint is the best idea for the country to follow has been long living. Both judicial activism and judicial restraint are described as types of judicial review. While both can be beneficial, Judicial activism is clearly more important than the other. Judicial restraint is “The judicial philosophy whose adherents refuse to go beyond the text of the Constitution in interpreting its meaning.” In other words, judicial restraint is an idea that one should not interpret laws differently than what has been expressed in... [tags: Supreme Court of the United States, Law]
994 words (2.8 pages)
- Justices must by necessity implicitly or explicitly consider questions of wisdom, justice, social harm and morality when deciding if a statute is unconstitutional. They should ensure that all these considerations are rooted in constitutional principles and constitutional questions. Society should not imagine these considerations are not present in judicial reasoning, nor should justices be ruled by them. The questions justices properly ask when deciding if a statute is unconstitutional are shaped by a moral vision of the proper role of the judiciary in representative democracy.... [tags: Ethics]
2255 words (6.4 pages)
- AP Government Term Paper In the 1920’s a heightened suspicion of communist activities on domestic American land arose, the Red Scare. Benjamin Gitlow, a prominent member of the Socialist party, was arrested and convicted on charges of violating the New York Criminal Anarchy Law of 1902 during these drastic times. What was his violation. The publication and circulation of the Left-Wing Manifesto, a mere pamphlet, in the United States was his infringement. He appealed the decision on the basis that it violated his First Amendment rights of freedom of speech and press and it was passed on to the United States Supreme Court.... [tags: Political Science Politics]
1556 words (4.4 pages)
- The nomination of a Supreme Court justice is an event of major significance in American politics. Not only does the court wield enormous judicial power, separate and independent from the executive and legislative branches, but vacancies within the court also occur infrequently. In fact, vacancies are so infrequent that they may only occur one or twice, if at all, during a sitting President’s tenure in office. The reason for the infrequency is that Article III of the Constitution states that all federal judges will hold office “during good Behavior”(Wagner 19), which essentially amounts to a lifetime appointment barring impeachment and an opportunity for the President to... [tags: Supreme Court, American Politics]
1463 words (4.2 pages)
- Judicial Activism: A Necessary Action Judicial activism is rarely needed, but when it is employed, it is only in the most dire of circumstances. It is the broad interpretation of the constitution of the United States by the Supreme Court. Some argue that this should not be done, but if it had not been, slavery would still exist in America. It is obvious that in some cases, it is necessary to expand civil rights beyond what the constitution explicitly states. This was the case in Brown v.... [tags: essays research papers]
1048 words (3 pages)