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Essay / Research Paper Abstract
This 6-page paper discusses judicial activism (i.e., judicial decisons not strictly within Constitutional mandate) through examiniation of two cases, Lochner vs. New York (1905) and Roe vs. Wade (1973). The essay discusses if the decisions on both cases were justified and acceptable. Bibliography lists 4 sources.
Page Count:
6 pages (~225 words per page)
File: D0_MTlocroe.rtf
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Unformatted sample text from the term paper:
included Legislative and Executive. There also needs to be a knowledge of Constitutional law in order to move in the direction of overturning such decisions. In Supreme Court cases during
the past century, there have been plenty of times when this has happened. The two examples well examine are Lochner v. New York (1905) and Roe v. Wade (1973). In
both cases, the question revolved around when the state could legally become involved in a particular situation (in Lochner the issue was business decisions; in Roe, the issue involved privacy
rights). Its interesting to note that Lochner is typically considered "conservative" judicial activism, while Roe is under the category of "liberal"
activism. Furthermore, neither of the decisions (both of which ruled in favor of the plaintiff) were clearly required by the Constitution itself. This brings up some questions -- namely, were
the decisions justified? Was one considered an acceptable decision and the other not? According to some experts, both were considered acceptable decisions;
namely because both ruled that the state has limited power when it comes to contracts and personal privacy concerns. Technically, the "right to privacy" is guaranteed by the Constitution (as
is the right against search and seizure), but as with many aspects of the Constitution, such rights are not spelled out verbatim. They cant be. The Constitution is a living
document, meaning it needs to be adapted for the times in which we live. But lets move on to the first question
about justification of decisions. To do that, well review both cases. In Lochner v. New York, Mr. Lochner, a bakery owner, was challenging a New York law that prohibited his
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