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Should justices take a more activist approach or be more restraint when it comes down to Supreme Court decisions?
Wiki User
∙ 8y ago
Supreme Court Justices should read the plain text of the Constitution, and rule in accordance with the Constitution. Too many lawyers and judges do not LIKE the Constitution, and base their rulings on what they WISH it said, rather than what it actually DOES say.
For example, the plain text of the document allows eighteen "Enumerated Powers" of Congress, as listed in Article 1 Section 8. The Federal government can do nothing more. However, about 95% of what the US Federal Government is not authorized by the Constitution. Education. Health insurance. Drug laws. ALL of these are unconstitutional, because the Constitution does not allow the Federal government a role in these matters. They are entirely left to the States, or to the People. In fact, the 9th and 10th Amendments in the Bill of Rights explicitly state "And No More!"
Wiki User
∙ 8y ago
Justices can take various approaches depending on the case, but a balanced and principled approach is typically recommended. Activism and restraint can both have their place in shaping the law, but excessive activism may be seen as overstepping the court's role by making policy decisions, while excessive restraint may limit the court's ability to protect individual rights and uphold the Constitution. It is important for justices to carefully consider each case based on the law and principles involved.
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What might be some benefits of requiring jsutices to serve a define and limited term?
Requiring justices to serve a defined and limited term can bring fresh perspectives, prevent stagnation, and promote accountability in the judiciary. It can also allow for a more diverse range of individuals to serve in the role, fostering a broader representation of society.
What political party is Samuel A Alito Jr?
Justice Samuel Alito is an ultraconservative commonly associated with the Republican Party. Supreme Court justices are discouraged from political partisanship; however, Alito's Supreme Court votes are reliably in line with core Republican values.
What is the difference between activist and non-activist justices?
activist justices are passionite and volunteered non-activist justices are forced against one's will
What did Justice Harlan Fiske Stone say was the main restraint on the supreme court?
The justices' own sense of restraint
Justice harlan fiske stone states the main restraint on the power of the supreme court is?
The justices' ow sense of restraint
How many US Supreme Court justices are activist?
This is an unanswerable question because the concept of "judicial activism" is somewhat vague, and not all cases involve decisions that could be considered "legislating from the bench." At present, conservative justices dominate the US Supreme Court and together they have made a few decisions that overturned established precedents and federal laws intended to protect regular citizens against large corporations. These activist decisions were the product of votes from the five conservative members of the Court, Chief Justice John Roberts and Justices Scalia, Kennedy, Thomas and Alito. None of the justices can be considered activist under all circumstances, however. One recent case upholding First Amendment rights to free speech was decided by a nearly unanimous 8-1 vote, with all but one justice (Alito) adhering to established precedent.
What determines the outcome of a case heard by supreme court?
After all th opinions have been written and finalized, the justices announced their final decisions. The decisions are from the majority vote of the justices
What laws govern a Supreme Court Justice and Justices' decisions?
The Supreme Court Justices interpret and enforce the US Constitution. The US Constitution is the ultimate "Law of the Land", to which they are bound.
What is called when justices look at the previous courts' decisions on the case?
A judicial review.
What is it called when justices look at the previous courts' decisions on the case?
A judicial review.
What influences supreme court decisions?
The justices of the US Supreme Court vote on each case that is brought before them. The decision of the court is whatever a majority of the justices agree on. Each justice has an equal say in the decision.
Which statement is trueSupreme Court Justices do not serve a specified number of years?
THERE ARE TIMES THEY DON'T MAKE GOOD DECISIONS
Can people in the US vote for Supreme Court justices?
No. The justices are appointed by the president for life, death, or until they retire. They are suppose to be objective and neutral so they can base their decisions on the interpretation of the constitution and previous cases.
What is judicial restraint?
Judicial restraint is the philosophy that judges and justices should defer to written legislation whenever possible, if it is not in conflict with the Constitution. A justice who uses judicial restraint tends to take a narrower view of the Constitution and does not attempt to broaden the definition of Amendments to fit a particular social or political agenda. The opposite of judicial restraint is judicial activism. For more information on the debate between judicial activism and judicial restrain, see Related Links, below.
