Judicial Restraint Definition

449 Words1 Page

Conflicting judicial philosophies define the essence of the nation’s highest court: The Supreme Court. These two conflicting doctrines are judicial restraint and judicial activism. Judicial restraint occurs when justices attempt to limit their own power by only declaring actions of the other branches unconstitutional when the decision is obvious. Precedent, the concept of stare decisis, is also highly revered by judicial restraint justices. Judicial activism revolves around the idea that justices should “legislate from the bench” by entering into social and political matters.
Abortion has been an issue that has been subject to both judicial restraint and judicial activism. For example, during the Roe v. Wade Supreme Court Case in 1973, Chief …show more content…

For example, during the Plessy v. Ferguson Supreme Court Case in 1896, Chief Justice Melville Fuller and his associate justices ruled that segregation was legal under “separate but equal’ circumstances; thus, upholding the constitutionality of the state law. This ruling upheld Homer Plessy’s placement into the “blacks only” section of a train. This case exemplifies judicial restraint because the Court upheld precedent and the law did not create an obvious violation of the Constitution. However, Chief Justice Earl Warren helped overturned Plessy v. Ferguson in the Brown v. Board of Education¬ Supreme Court case in 1954. Brown v. Board of Education ended public school segregation and determined that separate could never be equal. This case represents judicial activism because the Court ignored the precedent of stare decisis, and the Court entered into social and political matters by setting a new precedent for civil rights.
Judicial disagreements, conservative versus liberal or restraint versus activism, will continue to characterize the nature of the land’s highest court. Regardless, the Supreme Court will continue to serve as a “referee” regarding the actions of the executive and legislative branches. The battle between judicial restraint and judicial activism has been a significant part of United States Supreme Court history, and the conflict will epitomize President Obama’s Supreme Court nomination

Show More
Related

  • Equal Protection And Public Education

    763 Words  | 2 Pages

    In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.

    Read More

  • The Court Case of Marbury v. Madison and Judicial Review

    866 Words  | 2 Pages

    The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.

    Read More

  • The Attitudinal Model Of Judicial Decision Making

    705 Words  | 2 Pages

    The strategic model acknowledges that judges seek to achieve policy goals, but it also acknowledges that they are subject to certain restrictions in doing so. Since they cannot act accordingly to preference, they must act strategically to achieve their goals given by the restrictions. It argues that like politicians, justices make their decisions based off other’s decisions or make their decisions while trying to determine how another person will react from it. This decision style says justices would base their decisions on the influence of other justices.

    Read More

  • Plessy V Ferguson Court Case Analysis

    756 Words  | 2 Pages

    In 1896, the Supreme Court was introduced with a case that not only tested both levels of government, state and federal, but also helped further establish a precedent that it was built off of. This court case is commonly known as the case that confirmed the doctrine “separate but equal”. This doctrine is a crucial part of our Constitution and more importantly, our history. This court case involved the analysis of amendments, laws, and divisions of power. Plessy v. Ferguson was a significant court case in U.S history because it was shaped by federalism and precedent, which were two key components that were further established and clarified as a result of the Supreme Court’s final decision.

    Read More

  • The Fourteenth Amendment In Melba Beals's Warriors Don T Cry

    1169 Words  | 3 Pages

    The Plessy v Ferguson case would be overturned, ruling the “separate but equal” law to be unconstitutional. Melba Beals was in school that day and was sent home early with the warning to hurry and stay in groups. Even so, it had been decades since the passing of the Fourteenth Amendment. No much had changed. Melba’s teacher knew that this ruling would cause rage among the citizens of Little Rock and she was right.

    Read More

  • Judicial Review of the Warren Court

    1556 Words  | 4 Pages

    When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However, in times of controversy, where personal preference or aspects of religious or personal nature are at hand, the judiciary should exercise their power with finesse, thereby acting out judicial restraint. An example of such is in the case of Engel v. Vitale where Mr. Justice Black delivered the opinion of the court directing the School District’s principal to read a prayer at the commencement of each school day. In cases that do not regard whether an action is constitutional or not, the judiciary should suppress their power of judicial review.

    Read More

  • The Success of The Civil Rights Movement in the 1950's

    840 Words  | 2 Pages

    The next big step in the civil rights movement came in 1954, with the BROWN vs. BOARD OF EDUCATION OF TOPEKA case, where Thurgood Marshall, representing Brown, argued that segregation was against the 4th Amendment of the American constitution. The Supreme Court ruled, against President Eisenhower’s wishes, in favour of Brown, which set a precedent in education, that schools should no longer be segregated. This was the case which completely overturned the Jim Crow Laws by overturning Plessy vs. Ferguson.

    Read More

  • Brown vs Board of Education Case

    1275 Words  | 3 Pages

    Plessy vs Ferguson was a case in which it stated a precedent. In 1892, an African American named Homer Plessy did not give up his seat to a white man("HISTORY OF BROWN V. BOARD OF EDUCATION"). He then got arrested and taken to jail. Plessy than went to the Supreme Court to argue that his Fourteenth Amendment was violated. However, the Supreme Court ruled against Plessy and set the precedent that “separate but equal” is really equal("HISTORY OF BROWN V. BOARD OF EDUCATION") .

    Read More

  • Judicial Restraint And Judicial Activism?

    1818 Words  | 4 Pages

    Supreme Court Justices demonstrate judicial restraint when they refrain from acting as policymakers, deferring to the legislative and executive branches of the federal government, as long as the policymakers stay within the boundaries as established by the United States Constitution. Stare decisis, a legal principle where precedent decisions are followed, plays a major role in judicial restraint. The current Chief Justice, John Roberts Jr., showed judicial restraint in his majority opinion in National Federation of Independent Business v. Sebelius (2012) (Root, 2012). In this opinion, Chief Justice Roberts clearly explains judicial restraint: “Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices” (National Federation of Independent Business v. Sebelius,

    Read More

  • Brown v Board of Education

    2329 Words  | 5 Pages

    The request for an injunction pushed the court to make a difficult decision. On one hand, the judges agreed with the Browns; saying that: “Segregation of white and colored children in public schools has a detrimental effect upon the colored children...A sense of inferiority affects the motivation of a child to learn” (The National Center For Public Research). On the other hand, the precedent of Plessy v. Ferguson allowed separate but equal school systems for blacks and whites, and no Supreme Court ruling had overturned Plessy yet. Be...

    Read More

  • Oliver Brown Vs Board Of Education Essay

    679 Words  | 2 Pages

    “Separate is not equal.” In the case of Plessey vs. Ferguson in 1896 the U.S. Supreme Court said racial segregation didn’t violate the Constitution, so racial segregation became legal. In 1954 the case of Oliver Brown vs. Board of Education of Topeka this case proved that separate is not equal. Oliver Brown vs. Board of Education of Topeka was revolutionary to the education system, because colored people and Caucasians had segregated schools. The Caucasians received a better education and the colored people argued that they were separate but not equal. This would pave the way for integrated schools and change the education system as we knew it.

    Read More

  • Roe Vs. Wade

    907 Words  | 2 Pages

    The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)

    Read More

  • Restraint and Activism

    379 Words  | 1 Pages

    Judicial restraint is loosely defined as decisions or judgements that take a narrow interpretation of the constitution. It reflects a respect for the law as it has been enacted by the Legislature. Rather than creating new laws from broad interpretations. For myself, it is somewhat harder to distinguish what judicial restraint is. An example of judicial restraint would be the 1996 case of Bowers v. Hardwick. Hardwick was charged with violating the Georgia statute of sodomy by committing a sexual act with another male in the bedroom of his home.

    Read More

  • The Role of the Supreme Court in the Civil Rights Movement

    1964 Words  | 4 Pages

    The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...

    Read More

  • Pros And Cons Of Judicial Review

    1015 Words  | 3 Pages

    views as to whether or not Judicial review, and the Supreme Court as a whole,

    Read More

More about Judicial Restraint Definition

Open Document