Judicial Restraint vs. Judicial Activism

Judicial Restraint

A principle advocating that judges should limit their own power and defer to the decisions of elected legislators.

Judicial Activism

A judicial philosophy that emphasizes the court's role in addressing social issues and making bold policy decisions.

Original Intent

The principle of interpreting the Constitution based on the perceived intentions of the Framers.

Which political group is associated with Judicial Activism?

Democrats/Liberals.

Which political group is associated with Judicial Restraint?

Republicans/Conservatives.

What is preferred under Judicial Activism regarding societal change?

Quicker societal change.

What is preferred under Judicial Restraint regarding societal change?

Slower societal change.

How do Judicial Activists view precedent?

More likely to break precedent.

Which amendment is more commonly utilized by Judicial Activists?

The 9th Amendment.

What clause is expansively used by Judicial Activists?

Necessary & Proper Clause.

What method do proponents of Judicial Restraint prefer for making changes?

Changes via Amendments.

What view do proponents of Judicial Restraint hold regarding abortion rights?

They do not believe the Constitution protects abortion rights.

How do Judicial Restraint advocates view precedent?

They rely on precedent.