Judicial Restraint v. Judicial Activism

Judicial Restraint

Stick to original intent of the Framers.

Use a strict interpretation of the Constitution.

If Constitution is silent or ambiguous, defer to states & elected branches.

Judicial Restraint (cont.)

Judges are not elected and not accountable to the people – they are not policy makers.

Don’t impose personal views. Use Amendments to update

the Constitution.

Judicial Activism Constitution is a “living”

document. Use a broad interpretation

to update it for modern circumstances.

Take into account the spirit of the Constitution, not just the letter.

Judicial Activism (cont.)

Courts are the last resort for the powerless.

Legislative majorities can be discriminatory.

Amendment process is too difficult to navigate.