Notes - Alternative Perspective

Judicial Activism Case Study

Judicial Restraint

Choosing to NOT do a Judicial Review? Choosing NOT to interject with a personal opinion

Judicial Activism

Using Judicial Review to “defy” what the law says to do in order to do what they think they should do.

Case Study of “Activism”

Choose one of the following topics that the Court has been accused of using "judicial activism" and use the one-page summary to answer some questions in your notebook:

Griswold v Connecticut (1965)

  1. What was this case about?
    1. The banning or contraceptives in Connecticut
  2. What was the Constitutional principle before the court?
    1. The right to privacy was the core principle
  3. Why was it viewed as judicial activism?
    1. The decision to FORCE allow contraceptives was seen as an overstep because it is not explicitly mentioned in the constitution as something they can do
  4. What would judicial restraint have looked like?
    1. Leaving the decision of bans in the state’s hands
  5. What was the impact of the case?
    1. It established a ruling that woman’s birth is a protected right (under the principle of Privacy)
  6. How would it be beneficial for the Supreme Court to use judicial activism more?
    1. They would help protect liberty for the people
    2. The laws would be more in the people’s favor
  7. How would it be dangerous for the Supreme Court to use judicial activism more?
    1. It would encroach and empower the court when compared to the other branches
    2. It opens the way for judges to make decisions due to political biases

Performance Task - Constructing an argument

In the United States, Supreme Court justices have to balance judicial activism and judicial restraint to make decisions. This balance of power has lead to debates about if they have gotten too much power.

Take a stance on whether or not the Supreme Court has encroached on the role of Congress in making laws?

In other words, Has the Supreme Court gotten the power to make laws?

Use at least one piece of evidence from your historical case study and one from one of the following foundational documents: