To what extent has the Roberts Court witnessed a revival of conservative activism
To what extent has the Roberts Court witnessed a revival of conservative activism? (45 marks)
Conservative activism can be defined in many ways. One of these ways is the disposition to preserve or restore what is established and traditional and to limit change. Many would argue that since the beginning of the Roberts Court, there has been a slight shift to the right, many of which reasons I will discuss later on. However; it could be said that as a result of the Courts voting decisions that they are more often than not referred to as totally central. Supreme Court Justices are after all simply a body to protect what is already written in the constitution - judges should not act politically. Roberts himself once said, “Justices are servants of the law. They are like umpires. Umpires don’t make the rules; they apply them.”
Firstly, a major principal characteristic of the Roberts Court is over turning congressional and state legislation in order to achieve conservative goals. The Roberts court is finding laws unconstitutional and reversing precedent, two measures of activism. But the ideological direction of the court’s activism has undergone a marked change toward conservative results. The Roberts Court issued conservative decisions 58% of the time in its first 5 years throughout all cases. The Burger and Rehnquist courts issued conservative decisions 55% and the lowest from the Warren courts, which issued conservative decisions only 34% of the time. The incline in conservative decisions gives evidence that there is a growing number of people who favour this strict and traditional form of court rulings and decision making as opposed to Roberts immediate predecessors who display a more modern and loose approach to the US political system
Chicago resident, 76 year old retired Otis McDonald had lived in the Morgan Park neighbourhood ever since first buying a house there in 1971. McDonald argued that the decline of his neighbourhood had resulted in it being overcome
Conservative activism can be defined in many ways. One of these ways is the disposition to preserve or restore what is established and traditional and to limit change. Many would argue that since the beginning of the Roberts Court, there has been a slight shift to the right, many of which reasons I will discuss later on. However; it could be said that as a result of the Courts voting decisions that they are more often than not referred to as totally central. Supreme Court Justices are after all simply a body to protect what is already written in the constitution - judges should not act politically. Roberts himself once said, “Justices are servants of the law. They are like umpires. Umpires don’t make the rules; they apply them.”
Firstly, a major principal characteristic of the Roberts Court is over turning congressional and state legislation in order to achieve conservative goals. The Roberts court is finding laws unconstitutional and reversing precedent, two measures of activism. But the ideological direction of the court’s activism has undergone a marked change toward conservative results. The Roberts Court issued conservative decisions 58% of the time in its first 5 years throughout all cases. The Burger and Rehnquist courts issued conservative decisions 55% and the lowest from the Warren courts, which issued conservative decisions only 34% of the time. The incline in conservative decisions gives evidence that there is a growing number of people who favour this strict and traditional form of court rulings and decision making as opposed to Roberts immediate predecessors who display a more modern and loose approach to the US political system
Chicago resident, 76 year old retired Otis McDonald had lived in the Morgan Park neighbourhood ever since first buying a house there in 1971. McDonald argued that the decline of his neighbourhood had resulted in it being overcome