The Vs. Judicial Activism Essay

1522 Words Nov 7th, 2016 7 Pages
Originalism v. Judicial Activism Throughout the history of the United States of America, there has always been different controversies among our Constitution. To the best of their abilities the Supreme Court of the United States has resolved each of these cases in a manner relating to interpreting the Constitution. Judicial activism and judicial restraint have been at odds since the adoption of our Constitution in 1787. This continues to this time where the Supreme Court is still ruling on cases that affect our everyday lives. Cases such as Dred Scott, Brown v Board of Education, and Obergefell v. Hodges, are decided using these very interpretations that have influenced some of the most important decisions of the history of the United States. The battle is between the two main schools of thought of what is good for the public at this time, or whether it should be interpreted as the founders intended for. This has produced both exceptional and atrocious ruling, but it is an ongoing battle for which is correct for the case and for the time. Considering that the Supreme Court makes the final decision and arguably affects our Constitution in the most massive way, this battle is very decisive in how our country is run. Judicial restraint and activism produce two very different, sometimes contrary rulings both with constitutional backing and reasoning. Neither one is better than the other, but the way they affect us provides a very telling story of how our government is and how…

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