1. Judicial Restraint v. Judicial Activism

2. Judicial Restraint Stick to original intent of the Framers. Stick to original intent of the Framers. Use a strict interpretation of the Constitution. Use a strict interpretation of the Constitution. If Constitution is silent or ambiguous, defer to states & elected branches. If Constitution is silent or ambiguous, defer to states & elected branches.

3. Judicial Restraint (cont.) Judges are not elected and not accountable to the people – they are not policy makers. Judges are not elected and not accountable to the people – they are not policy makers. Don’t impose personal views. Don’t impose personal views. Use Amendments to update the Constitution. Use Amendments to update the Constitution.

4. Judicial Activism Constitution is a “living” document. Constitution is a “living” document. Use a broad interpretation to update it for modern circumstances. Use a broad interpretation to update it for modern circumstances. Take into account the spirit of the Constitution, not just the letter. Take into account the spirit of the Constitution, not just the letter.

5. Judicial Activism (cont.) Courts are the last resort for the powerless. Courts are the last resort for the powerless. Legislative majorities can be discriminatory. Legislative majorities can be discriminatory. Amendment process is too difficult to navigate. Amendment process is too difficult to navigate.