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Published byFrancine Carter Modified over 8 years ago
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When Supreme Court justices narrowly interpret laws and limit their decisions in order to avoid making public policy or attention drawn to the issue Believe in “strict-constructionist view of the Constitution”; The Constitution means the same thing today as it did two hundred years ago, it does no change.
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1. decisions based solely on law as provided in the Constitution 2. follow language of the Constitution exactly 3. limits the authority of the Supreme Court 4. laws & legislation are the basis for their decisions 5. maintains a balance between 3 branches
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Benefits 1.Justices who practice Judicial restraint attempt to not put their own beliefs into decisions, but instead interpret the laws 2. Maintains checks and balances and separation of powers between the three branches 3. Creates a more democratic system Drawbacks 1. Fails to meet the specific needs of citizens. 2. Is not easily adaptable to modern situations 3. Could allow laws to stand that are deemed morally wrong by a large number of citizens
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When Supreme Court justices use their court decisions to make new policies in order to advance what they believe to be desirable social goals
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1.Makes decisions based on own political ideas or beliefs 2.Judge passes judgment based on legal precedents 3.Justice is making new laws based on his/her personal values.
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Benefits Allows for Justices to take a role in more social justice issues Allows the Supreme Court to modernize Constitution to todays standards Allows Supreme Court to make tough decisions Congress would be to scared to take Drawbacks Undermines checks and balances and separation of powers by giving Supreme Court ability to legislate. Leads to ambiguous and ever-changing understanding of the Constitution and laws.
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In a 7-2 decision in Roe v Wade, the Opinion of the Court was that “Jane Roe” had a right an abortion This was based off of no federal law pertaining specifically to abortion Instead, it was determined that Roe had a right to an abortion due to her “right to privacy” A person’s right to privacy is not a right that has been guaranteed by legislation, but instead has been granted under the 5 th and 14 th amendment's “due process clause” (protects denial of life, liberty, or property by the government without just cause”
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A Justice has decided to rule against gay marriage because he finds it morally incompatible with his own beliefs
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A Justice rules in favor of gay marriage finding it unfair that someone would try and prevent people who love each other from getting married
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A Justice rules that current federal law says that States have the right to decide who can get married in their own states, therefore the Supreme Court has nothing to say on the issue of gay marriage
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A Justice finds no federal law pertaining to abortion and therefore rules that a woman’s right to an abortion is not a federally protected right
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A Justice finds it despicable that someone would have an abortion and rules in favor of allowing a state ban on abortion
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A justice realizes that in some situations abortions are necessary in order to protect the safety of the mother therefore it would be wrong to try and stop them from getting an abortion.
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A justice rules that schools in the South cannot be segregated because that is not fair to African-American’s living in the South.
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A justice rules in favor of allowing schools in the south to remain segregated because Federal Law currently allows it.
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Decisions based solely on law as provided in the Constitution
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Judges limiting their power with respect to interpreting the law
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Always upholds legal precedents provided by past judges
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Personal beliefs may differ from what is stated in laws & the intent of the law
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Advocates law review opposed to law modification
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