Judicial Activism
- Philosophy of judges to interpret the Constitution according to their own views and take an active role in solving society’s problems
- Idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution
- Examples of judicial activism:
- o Striking down Topeka School Board’s policy of segregation in Brown v. Board (1954)
- o Striking down a Texas law that banned flag burning in Texas v. Johnson (1989)
- o Striking down the Gun Free School Zones Act in US v. Lopez (1995)
- o Striking down line item veto in Clinton v. NY (1998)
- o Striking down a DC city ordinance banning handguns in DC v. Heller (2008)
Judicial Restraint
- Philosophy that the courts should allow the states and the other two branches (Leg and Exec) of the federal government to solve social, economic, and political problems
- Courts should merely interpret the law rather than make law. That’s Congress’ job.
- Original intent suggests that courts should follow the intentions of the Founding Fathers