The Court Of The Supreme Court Essays

1309 Words 6 Pages
When justices on the bench of the United States Supreme Court make their respective decisions on a case, they are faced with two outcomes. The first is that they can decide to overturn a decision from a lower court, deem a federal law unconstitutional, or nullify other federal or state statute. When the Supreme Court changes previous statute or overturns a previous court decision, it is judicial activism. But when the Supreme Court decides to uphold precedent, upholding laws passed by Congress or state legislatures, or strictly adhering to the original text of the Constitution, it is judicial restraint. Although the aforementioned terms do not have any overlap in their definitions, it can often be seen that both of these judicial practices can be implemented in a single Supreme Court ruling. One of these cases in which this can be seen is United States v. Eichman, which was a case ruled in 1990 regarding the legality of flag burning on the grounds of First Amendment protections. When the Supreme Court rules on a case, it can use its power of judicial review to completely change the law, or let it stand. These practices are judicial activism and judicial restraint, respectively. When the Supreme Court uses judicial activism, the specific decision changes a previous Court ruling, overturns acts passed by federal, state, or local legislatures, or can reinterpret the text of the Constitution. Judicial activism is sanctioned based on the notion that times constantly change,…

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