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Judicial Review

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by

Christina Warmbrunn

on 18 March 2013

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Transcript of Judicial Review

Judicial Activism- When judges override
democratic authority by imposing their
own morals or political preference under
the guise of adhering to constitutional
beliefs. Judicial Activism is not necessary Judicial activism is wrong when it deliberately goes against the wishes of the people. For example, In the late 1960's federal judges attempted to end segregation by ordering schools to bus children across towns to attend other schools in an attempt to create racially balanced schools. However, this ultimately backfired and ended up having little to no impact on the issue of segregation. What is Judicial Activism? My Opinion Updates United States District Court Judge Vaughn Walker overturned Proposition 8( Eliminates rights of same-sex couples to marry). He argued that it violated due process and equal protection under the law. This right had been previously granted with Proposition 22( stated that only same sex couples had constitutional rights to marry) Political Cartoon Judicial Activism is necessary Summary Judicial Activism- an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) Examples Roe vs. wade- Supreme court voted for this making abortion legal.
The supreme court over turning the defense of marriage act. Depending on the issue judicial activism can be good. By interrupting laws with commonsense. Swaying the courts to the side of the public. My Opinion Political Cartoon Graph 1) Do you feel that judicial review is unavoidable in this country?
2) If you had the choice, would you create a government with judicial review or without judicial review?
3)Would you be on Judicial Activism side if it was about something you wanted?
4)Right now the supreme court is hearing a case about gay marriage, do you think this will by by Judicial Activism? Discussion Questions I feel that judicial activism is nesseccary to run a country efficently and orderly. Without it, the laws we have in place today would be deemed unconstituional
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