JUDICIAL RESTRAINT Definition Examples Picture Court Cases.

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Presentation transcript:

JUDICIAL RESTRAINT Definition Examples Picture Court Cases

Judicial Restraint

Definition Judges should always try to decide on cases on the basis of: 1.The original intent of those who wrote the constitution. 2.Precedent – past decisions in earlier cases. 3. The court should leave policy making to others.

Judicial Restraint -Elected legislators, not appointed judges should make laws -Regardless of what is going on in society, the judges refrain from making decisions that would drastically change society. -They “restrain” themselves from setting new policies with their decisions. -They make decisions strictly based on what the Constitution says.

Judicial Restraint Picture – Draw a picture that represents this concept, you could use an example from one of the court cases you find beginning on Page R23

Judicial Restraint Example – Plessy v. Ferguson Give 3 examples of Supreme Court cases that used Judicial Restraint. Use the back of your book starting on page R23. Just list the court name.

Judicial Activisim

Definition DEFINITION Judges should act more boldly when making decisions on cases 1) Law should be interpreted and applied based on ongoing changes in conditions and values. 2) As society changes and their beliefs and values change, courts should then make decisions in cases the reflect those changes.

Judicial Activism Cases involving Civil Rights Those cases would have been decided much differently had the majority of nation not started wanting to eliminate discrimination Social Welfare Issues Think of Roe v. Wade cases that made abortions legal. This was a change in society where people started to find abortions more socially acceptable.

Judicial Activism Draw a picture that represents this concept, you could use an example from one of the cases you find beginning on Page R23

Judicial Activism Example – Brown v. Board of Education-1954 Give 3 examples of Supreme Court cases that used Judicial Activism. Use the back of your book starting on page R23. Just list the court case name and explain why you think they apply to Judicial Activism rather than Judicial Restraint.