Judicial Restraint

Topics: Liberalism, Conservatism, Right-wing politics Pages: 1 (544 words) Published: November 5, 2014
Definition of judicial restraint, mention Marbury V Madison (1803). Set out argument strict constructionists argue that the SC should stick to the original intentions of the FF whilst loose constructionists argue that the SC must reinterpret the Constitution in order to move with the times and bring it up-to-date. Judicial restraint has an impact on many members of US society that are not protected under the original Constitution. Main- All decisions whether restrained or activist have huge political significance. E.g. abortion, Rights of African Americans, etc. If restrained, the court can turn away cases and choose not to even hear them. The SC can pick and choose (they only choose between 90-100 cases to hear a year). Liberals argue that the Constitution is not protecting all citizens and that their inaction can affect everyone. By not choosing a case they may be putting forward their own views as a person instead of a judge. Counter Sometimes Americans might use the court for political purposes and person gains Pressure Groups Amicus Briefs. 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...
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