Question

Explain judicial restraint and the kinds of situations when it often comes to play

Answer 1

1.Research:Explore the websites provided to gather information on two landmark Supreme Court cases in order to compare the arguments for and against judicial restraint and judicial activism.

2.Write:Write an essay that compares and contrasts judicial activism and judicial restraint and presents your opinion on the debate surrounding these two philosophies.To get the best grade possible, follow the instructions in the assignment closely and answer all the questions completely. This assignment is worth 20 points.Use the provided websites to conduct research and answer the questions below. Your research will be critical to gathering the information necessary to write your essay. This section is worth 8 points.

1. Explain judicial restraint and the kinds of situations when it often comes into play. (1 point)Judicial restraint is where the judge limits the exercise of their own power and it comes into play when thejudge defers the issue to an elected official in the legislative or executive branches.

2. Explain judicial activism and the kinds of situations when it often comes into play. (1 point)Judicial activism is where the judge decides based on his/her opinion of what is best. These kinds of situations often occur when the judge tries to protect individual interests.

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3. Explain the main arguments for and against judicial restraint. (1 point)For judicial restraintAgainst judicial restraintThe Constitution can only be interpreted by strict constructionist approachThe Constitution or laws made by legislature can be bague and be interpreted in different ways.