Essay about Judicial Activism vs. Judicial Restraint

Essay about Judicial Activism vs. Judicial Restraint

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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. 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...

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Essay about Judicial Activism vs. Judicial Restraint

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