1 / 5

Judicial Restraint v. Judicial Activism

Judicial Restraint v. Judicial Activism. Judicial Restraint. Stick to original intent of the Framers. Use a strict interpretation of the Constitution. If Constitution is silent or ambiguous, defer to states & elected branches. Judicial Restraint (cont.).

sherry
Download Presentation

Judicial Restraint v. Judicial Activism

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Judicial Restraint v. Judicial Activism

  2. Judicial Restraint • Stick to original intent of the Framers. • Use a strict interpretation of the Constitution. • If Constitution is silent or ambiguous, defer to states & elected branches.

  3. Judicial Restraint (cont.) • Judges are not elected and not accountable to the people – they are not policy makers. • Don’t impose personal views. • Use Amendments to update the Constitution.

  4. Judicial Activism • Constitution is a “living” document. • Use a broad interpretation to update it for modern circumstances. • Take into account the spirit of the Constitution, not just the letter.

  5. Judicial Activism (cont.) • Courts are the last resort for the powerless. • Legislative majorities can be discriminatory. • Amendment process is too difficult to navigate.

More Related