Difference between judicial ac
Difference between Judicial activism and Judicial restraintOur American judiciary branch of the federal government has contributed and molded our American beliefs in this great nation. This branch of government is respected because of the code of conduct that the judges, no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this widespread respect. Throughout the history of the United States, I noticed a pattern of "cause and effect" that our judiciary branch had practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy, but will be active when the time comes when the general public, in which the case is decided, feels a change is needed. We have enough evidence to see how our judicial branch should act. Should the judicial branch be more active towards shaping American policy or restrain as long as possible before being forced to act upon very critical civil policies? Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in shaping government policy (Wasserman American Politics 13
Changes or improvements towards the civil and criminal justice only come as a last minute change when so much damage has occurred to the precedent parties. The believers of this philosophical view of how our judicial branch should be suggest that the Supreme Court more active and participate in molding the policies of American society. Prior to the Civil War, the Supreme Court was practicing judicial restraint. Judicial Restraint, on the other hand, is the idea that the Court should not impose its views on other branches of the government or the states unless there is a clear violation of the Constitution (Wasserman American Politics 138). Supreme Court should not meddle with the affairs brought up by neither the other branches of government nor by the general public. I also believe that if the judicial branch, by staying away from politics, is in the rightful position to save the country from political embarrassment, such as the verdict of Bush v. justice would be conservative in its decision, meaning restraint when it concerns laws that are Republican by nature, and active when cases brought into court are Democratic by nature. Regan and the Republicans had hoped that with Rehnquist in office, the U. Ferguson, are ample examples of judicial restraint. Finally, I think that by being restrained, any decision that is made is more justified, because the decision of prior courts' had prove that its verdict has indeed sour the social justice of civil liberty.
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