Judicial Restraint Vs. Judicial Activism

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Judicial Restraint v Judicial Activism: District of Columbia v Heller, 2008 The Constitution states that the “judicial Power of the United States, shall be vested in one supreme Court,” a court made up of justices from different backgrounds, races, religions, and most importantly political views. The Court has the ultimate responsibility of overseeing all affairs of Congress and – when deemed necessary – acting to overturn decisions found not in accordance with the Constitution. When deciding cases that could potentially violate the Constitution, justices use judicial restraint or judicial activism in their decision-making. Judicial activism is a term used for instances in which judges “creatively (re)interpret the texts of the Constitution and the laws, ” allowing them to meet the needs of the people that would not be met otherwise; justices essentially act as policy makers. The fault in this lies in the motivation behind the justices’ decisions; with judicial activism, it is nearly impossible to view law as objective and free of bias. Many fear that in acting as policy makers, justices bring their own partialities and beliefs into account instead of allowing the literal interpretation of the Constitution guide their decisions. On the other hand, judicial restraint can also be used when deciding cases. Judicial restraint refers to justices interpreting the United States Constitution word for word, keeping from bringing their own beliefs or biases into account and most
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