Compare judicial restraint, judicial activism, and strict ...

[geodog55]

Compare judicial restraint, judicial activism, and strict constructionist philosophies.
 
  What will be an ideal response?

Question 2

Compare and contrast judicial restraint and judicial activism by analyzing how a proponent of each would have decided Brown v. Board of Education.
 
  What will be an ideal response?

[dawsa925]

Answer to Question 1

Answer: An ideal response will:
1. Note that all three are philosophies used by judges to help them reach a decision in a case.
2. Discuss that judicial restraint focuses on not overruling the decision of other branches, whereas judicial activism asserts that judges should use their power broadly.
3. Explain that a strict constructionist emphasizes the Constitution based on the Framers' original intent.

Answer to Question 2

Answer: An ideal response will:
1. Explain that a proponent of judicial restraint believes in giving deference to the actions of other branches of government and would only strike down a law that is clearly unconstitutional.
2. Acknowledge that an advocate of judicial restraint would allow segregation to continue as it is not plainly unconstitutional.
3. Explain that a proponent of judicial activism favors broad constitutional interpretation to promote justice and fairness and would, therefore, support the decision in Brown.