Judicial Activism Essay Paper
Judicial Activism Essay Paper
Hello, this essay must have one thread of at least 500–600 words. For each thread, must support assertions with at least six (6) scholarly citations in Turabian format. Any sources cited must have been published within the last five years. Acceptable sources include Course text books, assigned readings: Strange: Chapter 4, Danoff and Herbert Chapter:13, Hamburger Chapter 8-14, the Bible, scholarly journals, or other refereed works. Check client upload for indept instruction Judicial Activism Essay Paper
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Judicial activism came to light in 1947 in the United States courtesy of Arthur Schlesinger, a historian.[1] The concept plays an essential role in promoting and upholding citizens’ rights. However, the term judicial activism differs in definition from different from scholars. For instance, some scholars believe that when judges engage in judicial activism, they are more judicial activists after overturning a prior decision[2]. On the other hand, other scholars stand firm in the belief that courts should engage in re-interpreting constitutional elements, including an assessment of constitutional laws, thus making the role of the judiciary as judicial activism not fit. First, that is because the actions they carry when making different decisions concerning citizens’ rights is what these citizens expect from them[3]. My interpretation of judicial activism is that it involves the judges’ approaches toward a judicial review that may overlook past constitutional interpretations or even the legal precedents to ensure that they protect the citizens’ rights. Hence, there is a high possibility for the judicial system to express judicial overreach as they try to protect the citizens’ rights even if the Constitution warrants good governance mechanisms.[4] Such varying definitions rely on how every individual understands and interprets the constitutions and their notion of the Supreme Court’s role. Judicial Activism Essay Paper
One example of judicial activism is Brown v. Board of Education which occurred in 1954 after the Warren court presented the majority opinion concerning the violation of Equal protection rights by the segregated schools as provided by the 14th amendment.[5] The segregated schools at that period used to separate students through racial identities, leading to unequal learning environments. The case reflects judicial activism in that the ruling helped overturn Plessy v.Ferguson. The court had previously ruled that segregation was okay if the students had equal learning chances. Another judicial activism case is Lochner v. New York in 1905, where Joseph Lochner, a baker, sued the New York state after the state found him violating Bakeshop Act that limited Bakers to work for over 60 hours.[6] In such a case, the court rule invalidated the Bakeshop Act since it did not consider the Due Process of the 14th amendment clause on individuals’ contract freedom. In such a case, the court interfered with the role of the legislature in invalidating the New York law using an activist approach Judicial Activism Essay Paper
Judicial activism is also viable in the criminal justice system, especially in how prisons and law enforcement teams handle criminals based on the 14th Amendment Clause. For instance, when suspects are brought in for trials in courts, the judicial plays a vital role in promoting public confidence in the government and stabilizing the power balance. For instance, in a case like the Washington Post v. Kleindienst, the Washington Post sought to engage the Lewisburg and Danbury willing prisoners in an interview to understand prison conditions.[7] However, Norman Carlson, then the United States Prisons Bureau Head, denied them their request. However, when the case was presented in a court of law, the conclusion was that no individual was supposed to deny the prisoners’ freedom of speech by preventing them to communicate with the press.[8] That is because being a prisoner does not deprive one of the rights provided by the Constitution. Also, considering that Washington Post was one of the country’s reliable newspapers, the court believed that it would provide credible information considering that in their request, they were ready to opt out of censorship for the information credibility and reliability purposes. In that case, when evaluating the recidivism approaches like incapacitation, judicial recidivism can favor the prisons or the criminals depending on how the judicial system will interpret the law. Judicial Activism Essay Paper
Bibliography
Calderon, Melanie. “Lochner v. New York.” New Errands: The Undergraduate Journal of American Studies (2018).
Danoff, Brian, and Louie Joseph Hebert, eds. Alexis de Tocqueville and the Art of Democratic Statesmanship. Lexington Books, 2011.
Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907.
Roberts, Lawrence. “1971.” Washington History 32, no. 1/2 (2020): 32-35.
Scheidegger, Kent. “Tinkering with the Machinery of Death: Lessons from a Failure of Judicial Activism.” Ohio St. J. Crim. L. 17 (2019): 131.
Strange, Carolyn. Discretionary justice: pardon and parole in New York from the revolution to the depression. NYU Press, 2016.
[1] Scheidegger, Kent. “Tinkering with the Machinery of Death: Lessons from a Failure of Judicial Activism.” Ohio St. J. Crim. L. 17 (2019): 131. Judicial Activism Essay Paper
[2] Ibid.
[3] Danoff, Brian, and Louie Joseph Hebert, eds. Alexis de Tocqueville and the Art of Democratic Statesmanship. Lexington Books, 2011.
[4] Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907.
[5] Scheidegger, Kent. “Tinkering with the Machinery of Death: Lessons from a Failure of Judicial Activism.” Ohio St. J. Crim. L. 17 (2019): 131.
[6] Calderon, Melanie. “Lochner v. New York.” New Errands: The Undergraduate Journal of American Studies (2018).
[7] Roberts, Lawrence. “1971.” Washington History 32, no. 1/2 (2020): 32-35.
[8] Strange, Carolyn. Discretionary justice: pardon and parole in New York from the revolution to the depression. NYU Press, 2016.
Week 5 Sec 4 Judicial Activism Paper request
Describe, discuss, and support your discussion, what does “Judicial Activism” mean to you and provide examples of two instances where policy was changed as a result of an activist judiciary.
Does judicial activism apply to one or more of the three (3) primary public policy interest areas you previously identified? Why or why not?
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INSTRUCTIONS:
Must have one thread of at least 500–600 words. For each thread, must support assertions
with at least five (6) scholarly citations in Turabian format. Any sources cited must have been published within the last five years. Acceptable sources include textbooks, the Bible, scholarly journals, or other refereed works. Judicial Activism Essay Paper
Required reading:
Strange: Chapter 4
Danoff and Herbert: Chapter 13
Hamburger: Chapter: 8-14