The Activist Judiciary

It is a specific approach to judicial review or a particular judicial decision where a judge decides constitutional issues or invalidates legislative or executive actions. The proper of the judiciary has been debated since the founding of the American republic in 1787. The term “judicial activism” was coined and is credited, to the historian Arthur M. Schlesinger, Jr., in an article published in Fortune in 1947. The term is used frequently in describing a judicial decision or philosophy, however, its use creates confusion because it can have several meanings.

Explain The American Judiciary

Define “judicial activism”

Describe how judicial activism has changed the United States

Describe, discuss, and support your discussion. What does “Judicial Activism” mean to you and provide examples of two instances where policy has been changed as a result of an activist judiciary.

Add at least one scholarly source in addition to the following resources:

1. Barton, D. (2011). Original Intent: The Courts, The Constitution, and Religion. Aledo, Texas, WallBuilders.

2. Danoff, B. & Herbert, L. J. (2011). Alexis de Tocqueville and the Art of Democratic Statesmanship. Lantham, MD: Lexington Books.

3. Garraty, J. A., (editor). (2009). Quarrels That Have Shaped The Constitution. New York: Harper- Perennial.

Use Turabian format with in-text citations

Please cite all references