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This 10 page paper examines judicial review and looks at these two juxtaposed concepts. Specific cases are discussed in depth in order to demonstrate examples of judicial restraint and judicial activism. Bibliography lists 7 sources
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10 pages (~225 words per page)
File: RT13_SA142jst.rtf
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concepts. Specific cases are discussed in depth in order to demonstrate examples of judicial restraint and judicial activism. Bibliography lists 7 sources SA142jst.rtf I. Introduction
There is always much political debate when electing presidents as to whether or not they are conservative or liberal
and how they will choose Supreme Court justices. Will a conservative president select a justice that might overturn Roe? Will a liberal president select a liberal court justice that believes
in judicial activism? All of these things are serious concerns and also at issue is the debate between the idea of judicial restraint and judicial activism. In the twentieth
century a debate between judicial restraint and judicial activism had in fact developed. In order to fully understand the concepts a look at judicial review would be most helpful. Judicial
review is actually the power of American courts to decide whether the acts of all branches of the U.S. government as well as government officials comply with the Constitution ("Judicial
Review," 1991 ). Judicial review is an American innovation, based on the premise that the Constitution is the true law of the land, rather than a superfluous document (1991). Judicial
review may be performed by either federal or state judges; however, it has become most associated with the Supreme Court (1991). Although the Constitution does not specify the concept, judicial
review has evolved as the document did intend for the judiciary branch of government to check on the other branches (1991). According
to The Readers Companion to American History "judicial restraint" and "judicial activism" refers to "the extent to which the Court defers to the constitutional determinations of other branches of government
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