Initial Post Of At Least 250 Words Using The Const

In Your Initial Post Of At Least 250 Words Utilize The Constitution

In your initial post of at least 250 words, utilize the Constitution, established case law, and scholarly sources, to complete the following assignments: Define judicial review. Define judicial activism and judicial restraint. Provide one recent example of judicial review by the Supreme Court and explain if the reviews are considered examples of judicial restraint or judicial activism and why. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references according to APA standards.

Paper For Above instruction

Judicial review is a fundamental principle of constitutional law that grants courts, particularly the judiciary, the authority to examine laws, statutes, and executive actions to determine their constitutionality. This doctrine was established in the landmark case Marbury v. Madison (1803), where Chief Justice John Marshall articulated that it is the duty of the judiciary to interpret the Constitution and ensure that legislative and executive acts do not violate its principles (Marbury v. Madison, 1803). This power enables courts to invalidate laws that are found to be unconstitutional, thereby maintaining the supremacy of the Constitution as the supreme law of the land.

Judicial activism and judicial restraint are two contrasting judicial philosophies that guide how courts interpret laws and the Constitution. Judicial activism refers to a philosophy where judges are willing to go beyond the literal text of the law or Constitution to shape policy and address social issues. Advocates argue that activism is necessary to adapt constitutional principles to contemporary circumstances (Bickel, 1962). Conversely, judicial restraint emphasizes a strict interpretation of the Constitution, asserting that courts should defer to the legislative branch unless laws clearly violate constitutional provisions. Restraint advocates believe that judges should refrain from expanding their power and respect the democratic process (Rehnquist, 1979).

A recent example of judicial review by the Supreme Court is the case of Dobbs v. Jackson Women's Health Organization (2022), which challenged the constitutionality of Mississippi’s law banning most abortions after 15 weeks. The Supreme Court ultimately upheld the law, overturning Roe v. Wade (1973), which had federally protected the right to abortion. This decision exemplifies judicial restraint because the Court limited the scope of its review, deferring to state legislatures and emphasizing the procedural and constitutional boundaries of judicial authority. The majority opinion emphasized respect for states' rights and the limits of judicial power, aligning with principles of restraint (Dobbs v. Jackson Women’s Health Organization, 2022).

In contrast, critics argue that such decisions may reflect judicial activism if viewed as an overreach of judicial authority to modify established rights. The balance between activism and restraint remains a core debate in constitutional interpretation, influencing the legitimacy and function of the judiciary in safeguarding democratic principles and individual rights.

References

Bickel, A. M. (1962). The Least Dangerous Branch. Yale University Press.

Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022).

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).

Rehnquist, R. (1979). The Supreme Court. Vintage Books.