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The believers of this philosophical view of how our judicial branch suggests that the Supreme Court is more active and participates in molding the policies of American society. It can be argued that during the end of the Civil War and the "Separate but Equal" era, in cases such as the Brown v. Board of Education, Baker v. Carr, Missouri ex. Rel. Gaines v. Canada, and Sweatt v. Painter. The more recent, Bush v. Gore case is a good example of judicial activism.
Judicial Restraint is the idea that the Court should not place its views on other branches of the government or the states unless there is a clear violation of the Constitution (Wasserman American Politics 138)...
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Common topics in this essay:
- Judicial Review
- Judicial activism is necessary to protect the rights of American Citizens.
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