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marko355 marko355
wrote...
Posts: 863
6 years ago
How can a judge who advocates judicial restraint and an original intent approach to constitutional interpretation also be a “judicial activist” that affects public policy with their decisions?
Textbook 
Living Democracy, 2014 Elections and Updates Edition

Living Democracy, 2014 Elections and Updates Edition


Edition: 4th
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wrote...
6 years ago
An ideal response will:
1. Explain that a proponent of judicial restraint would defer to the policy judgments of elected officials in the legislative and executive branches of government; an original intent approach to constitutional interpretation argues that the Constitution must be interpreted in strict accordance with the original meanings intended by the people who wrote and ratified the document.
2. Acknowledge that, in reality, judges with conservative political values can also be “judicial activists” by narrowly interpreting or invalidating statutes concerning environmental regulation, employment discrimination, and other policy areas.
3. Acknowledge that despite their claimed use of “judicial restraint,” judges who follow original intent still affect public policy with their decisions, but merely disagree with others about which policies should be influenced by judges.
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