Judicial activism

Judicial Activism Judicial activism refers to the perception that some judicial rulings and judgments are based on political or personal preferences and prejudices rather than the subsisting law (Elliott 100). Judicial restraint on the other hand refers to the practice of judges to exercise restraint when adjudging various laws as unconstitutional except when they are obviously unconstitutional (Cox 11). Judges in this case ensure that the principle of stare decisis is respected and that…

role of the Judicial Branch is. Much of this debate is centered around whether the judges blocking the orders is judicial activism. The argument for or against judicial activism is always heated around important supreme court cases, but in the end no consensus is reached. In order to take an alternate approach to the argument against judicial activism, I will examine the Citizens United v. Federal Election Commission Supreme Court case which is the center of much of the judicial activism debate,…

narrow margin in history in 1991 of 52 to 48 it shocked the Judicial world. Prior to his appointment he only had one year of legal experience. His appointment was riddled with senate questions and statements(Clarence Thomas 3). How could a young judge, only 43 at the time be qualified to hold such a distinguished position? This forced Judge Thomas to be as conservative as he could be. Being on the stands and practicing Judicial Activism could raise create problems internally and with the public…

This case is an example of Judicial Activism because during this time the court ruled on peoples beliefs. First Patrick Kennedy said he should not be given the death penalty because the child did not die and it was not a murder. The majority and the court agreed with his decision so he was removed from the death penalty. The court should have ruled in its opinion because when people start doing all kinds of crimes the court just cannot agree with the majority or minority’s decisions. Last this…

In the final analysis, the Court’s judicial “activism” has been terribly misguided. Instead of creating constitutional “penumbras” in Griswold, the Court should have upheld the limits on corporate expenditures in Citizens United. Instead of inventing a right to abortion in Roe, the Court should have upheld aggregate limits on individual contributions in McCutcheon. Instead of defining “liberty” in the most broad and unworkable terms in Planned Parenthood, the Court should have held that the…

Spiegelman, and Persepolis, written by Marjane Satrapi. Maus tells the story of Vladek Spiegelman’s experience as a Polish Jew in the Holocaust. Persepolis, an autobiographical novel, follows Marjane, a religious young girl who has a passion for activism growing up during the Islamic Revolution. These two authors confront difficult themes using a medium that is often seen as childish; however, they effectively use it to tell their stories in a sophisticated way. In their graphic novels, Maus: A…

“Huelga! Huelga! Huelga!” grandma screamed alongside Cesar Chavez and hundreds of other protesters outside the Delano, California vineyards. The rays of the burning sun, searing their skin were the least of their concerns. Protesters were there to proclaim justice for all the farm workers that had been denied the right for proper working conditions in the fields. Bertha Silva came from a Mexican decedent, her parents moved to Delano, California when she was the age of 11. Soon after arriving,…

A word often associated with protesting is activism. Activists are people who are looking for positive change in society (“What Is An Activist”). Activism is a broad term; there are people that seek change in society but don’t call themselves activists, yet they are activists. Activists can change society in a very small to very big way, but the keywords for activism is “positive change”. Activists claim they seek positive change, but who defines positive? Many protests are controversial. Take…

argues the ambiguity in the relationship between the separation of the structure of an activist group and the strong and weak tie phenomenon. The structure and relationship between individuals of a group both contribute to the category of activism. During social activism, there are two types of people who contribute to social change. There are the motivated people who participate in more risky actions, and there are the less motivated people who use 160 characters or make a few clicks to…

Sons of Liberty: Fathers of American Activism The United States has a long history of political activism by and for the people, a legacy that continues today. The day after President Donald Trump was inaugurated, more people took to the streets in protest than ever before. That fiercely American action dates back to the Sons of Liberty, a political group that organized for the rights of colonial citizens in the 18th century, against oppressive taxation from Britain (135-136). Many…