Posted: September 13th, 2017

Judicial Activism v. Judicial Restraint

Order Description
Write a twelve to fourteen page analysis:

In this analysis of Supreme Court decisions, please examine the validity of “judicial restraint” and “judicial activism.” Are the justices who apply these principles being consistent across the spectrum of decisions considered? Or is there any distortion or even hypocrisy in the mix of “theory” and “practice?”
Assignment Instructions
Write a twelve to fourteen page analysis:

In this analysis of Supreme Court decisions, please examine the validity of “judicial restraint” and “judicial activism.” Are the justices who apply these principles being consistent across the spectrum of decisions considered? Or is there any distortion or even hypocrisy in the mix of “theory” and “practice?”

Write a thesis statement that replies to the question prompted for the paper. Remember that this thesis statement will guide the development and support of your paper.

Many legal scholars have found problems with both conservative judicial restraint and with liberal judicial activism. With the conservative set of decisions, you might wish to considerBush v. Gore (2000); Gonzalez v. Raich (2005); and Gonzalez v. Oregon (2006) – in which conservative justices, according to critics, sacrificed the principles of states’ rights to pursue a moral or political agenda.

Many legal scholars have also found problems with liberal judicial activism. For a critical examination of the liberal set of decisions, you might wish to consider Kelo v. City of New London (2005), which, according to critics, abridged individual rights; and other cases which negated the will of the majority of citizens (usurping democratic legislatures, critics say): Lawrence v. Texas (2003); and Roper v. Simmons (2005).
You are also encouraged to bring more current cases into your paper.
Types of sources to include for this assignment (minimum):

• One book (or chapter from a book) – in addition to course text
• Three scholarly journal articles (please reference the video I included on Scholarly Sources)
• Four Supreme Court cases

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