Judicial Restraint and Judicial Activism in McDonald v. City of Chicago Judicial Restraint is when the Supreme Court restricts their powers to avoid making any changes to public policy, unless that policy is unconstitutional. When applying judicial restraint to cases, the courts stand by stare decisis (previous decisions of the court), uphold current law, and hold strictly to the text of the Constitution. They think that by only interpreting the constitution and not creating new laws, that they are preserving the laws that this country was founded on. Judicial activism is the opposite.…
The lower courts tell the high court what they have and that helps the Supreme Court decision more easier. Also all justices have oral arguments to hear one another's saying to making the decision. 5. Briefly discuss the cases of Plessy V. Ferguson (1896) and Brown V. Board of Education (1954). Explain why each is an example of “activism” or “restraint”…
The most intriguing element of the Constitution of the United States is the Independent Judiciary, in which judicial power for the country lies in the federal courts and operates separately from the legislative and executive branches. This institution allows for the civil settlement of conflicts and enables the fair application of the law to cases. Judicial independence ensures that federal judges aren’t punished for their decisions related to court cases and aren’t inhibited by political figures in their interpretation of the law. This tenet of the Constitution is the foundation for the generalized success and transparency of our standing judicial system and is why it has been the model for numerous systems across the globe. James Madison’s Federalist Number 51 is a fundamental interpretation of the concept of judicial independence delineated in the Constitution.…
Moreover, interpretation of the law from one judge to another can be different. Many times Supreme Court Justices use their own personal political ideology to interpret laws…
The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges, alter the organization of the federal court system, and amend the Constitution.…
The judicial restraint theory is based off the idea that judges should limit the exercise of their own power. For example, it would make judges think before shooting down laws, just because they can, with the exception being that they are unconstitutional. The opposite of judicial restraint is judicial activism. Judicial activism is when judges make rulings based on politics or personal beliefs rather than the law itself. The main difference between these two philosophies is judicial restraint is a bit more ethical then judicial activism. Both Clarence Thomas and Sonia Sotomayor are minorities to the Supreme Court. However, they both have very different viewpoints when it comes to how their race and background play a role in their rulings.…
The Supreme Court justices and every decision they make are fully abiding to the law. If they were elected by the people into office, they would make decisions to please the people so they would stay in office. If they made a poor calling according to the…
The Supreme Court of the United States was created by the Article Three, Section One of the Constitution and plays an incredibly important role in the balance of power within the United States. To that extent, it’s important to know the judicial philosophies of the judges who sit on the highest court in the United States. These philosophies are responsible for influencing lives of Americans depending on how they are recognized and implemented. It becomes even more imperative to understand with the knowledge that the court itself appoints a new justice, on average of every two years. (Regan, 2015, p. 18) With how influential their cases can be, it’s also important to understand how it can affect the nation as a whole, when those philosophies…
Save lake Erie now or it will hurt Ohio later on! The lake was polluted and wanted to fix it so we did but, we ruined the lake once more 40 years later.…
is one of the sole purposes of the Supreme Court of the United States. Many…
This is important because while the judicial branch is supposed to uphold the law though judicial neutrality, they also play a big role in policy making. In Robert Dahl’s article, “Decision Making in a Democracy: The Supreme Court as a National Policy-Maker” back in 1957, he discussed this topic in-depth, explaining that, particularly the Supreme Court, has the ability to change legislation or influence Congress’s decision, even in the face of countering a Majority Rule. Brown v Board of Education’s unanimous 9-0 ruling in 1954 is a prime example of this where the judges, many of whom had been appointed by much more conservative Presidents changed public policy regarding segregation in the schools, but through and unanimous vote, also changed the ideology, at least temporarily, of some of the judges. Bernard Schwartz’s article “Chief Justice Earl Warren: Super Chief in Action.” Talks about how the judicial session came to an end before a formal vote was cast, and the vote was 5-4 in favor of desegregation but Chief Justice Vinson, was not ready to overturn Plessy v Ferguson. He died in between the two sessions and Justice Warren was able to talk the 3 remaining dissenters into changing their vote because of the nature of the legislation and his leadership in general. So while partisanship plays a big…
Although sometimes this is necessary in order for progression and a fair society. Inaction (restraint) may actually be only looking after the interests of Conservatives) Many Conservatives argue that the FF never intended the SC to yield so much power.They believe judges should have adjudicative role only.They believe policy decisions should only be made by democratically elected representatives of the people.They believe the prestige of the court system would be diminished by involvement in political decisions Stare Decisis (Let things be) precedent. Counter Can the US society function without people looking after the Constitution and reinterpreting it for the benefit of all Think Gay rights, rights of women, immigrants, Blacks. Times change social change happens opponents argue that restraint allows judges to passively accept values without question these are contrary to US societys values AA are not slaves anymore 14th Amendment needs to protect them too and so restraint has political significance because it allows Conservative and republican views to remain undisturbed this pleases the right wing, particularly the…
I believe that the judicial restraint philosophy is more appropriate for federal judges to follow because, unlike judicial activism, it does not allow judges to expand vague Constitutional principles to fit their own viewpoint and principles. Judicial restraint does not authorize judges to interpret Constitutional texts and laws (conservative or liberal interpretation) in order to serve their own principles, policies, and considered estimates of the vital needs of contemporary society. The judicial restraint policy also ensures that separation of powers is applied justly so that different branches of government do not intervene with the power of the other branch. Also, because the Stare Decisis has a huge impact on future decisions and precedent,…
Read This If You Have Ever Been Lost In a Toxic Person by Andrea Davis You probably felt desperate. You probably wondered if you would ever get back your normal self again. If you’d ever be the person that you used to be. And even though you saw the red flags, for some ungodly reason, you stayed.…
History of the firearm dates back as far as the 1400’s with smaller guns that did not shoot very far. The firearm has always been a work in progress though as the United States military evolved slowly by using cannons and rocket launchers. The cannons and rocket launchers were quickly transformed into moving weapons by placing them on tanks, ships, and aircraft. The use of rapid fire weapons also started to emerge quickly after we had tanks, ships, and aircraft destroyed. This paper will explain how science and technology has affected weapons and how the military conducts war.…