Judicial Philosophy: Judicial Activism vs. Judicial Restraint

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Finals Schedule:

Executive Branch Quiz Retakes: If you are not satisfied with your performance on the quiz over the executive branch, you may opt to take a retake of that quiz. Please complete at least six of the twenty-eight assigned Khan Academy modules before the retake.

READING: 441-477 in Edwards

UNIT TWO IDENTIFICATION TERMS
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Today's Essential Question: How do judges interpret the Constitution differently (judicial activism vs. judicial restraint)?

Learning Standards:
CON-5.B.4: Political discussion about the Supreme Court’s power is illustrated by the ongoing debate over judicial activism versus judicial restraint.

Judicial Philosophy
Should judges interpret the Constitution according to the original intent of the framers, or apply evolving contemporary values to their rulings?

What determines how a judge or justice will vote? Do judges and justices have certain philosophies in interpreting the law and making rulings? Many people criticize the Court and its tendency to not only just interpret the law, but to make the law (policy) through its decisions.

1. Read the following article discussing the debate over original intent and a "living" Constitution.

Original Intent or Evolving Constitution? Two Competing Views on Interpretation.

2. Discuss in your group the following questions from the article:

In addition to "original intent" vs. "living constitution" judges will also sometimes practice either judicial activism or judicial restraint in their decision making. 

3. Look at the chart below comparing judicial philosophies and find a Supreme Court case that represents judicial activism and one that represents judicial restraint.

Judicial Philosophies

from: http://www.sparknotes.com/us-government-and-politics/american-government/the-judiciary/section4.rhtml

4. Read the following articles about judicial philosophy and watch the video on Stephen Breyer on activist judges.

Judicial activism is NOT just a liberal vs. conservative interpretation.

PBS.org: What We Know-and don't--about Neil Gorsuch's judicial philosophy

Review Videos:

A really good video by Justice Breyer on judicial activism vs. restraint:

Justice Breyer and Justice Scalia debate judicial philosophy:

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