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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.).

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Judicial Restraint v. Judicial Activism

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  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.

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