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What are some of the different types of judicial philosophy in how to interpret the law Outline the theories of judicial restraint and judicial activism What are the benefitsof each What are some of the problemsIn the United States the Supreme Court is the highest judicial court and deals with more serious offenses With that being said the decisions that the court makes are of the utmost importance There are two types of judicial philosophy One aspect involves political ideology and the other involves the issue between judicial restraint and activism GinsbergLowi Weir 2011 One who endorses judicial restraint will want to stick to the script In other words the decisions that person will make will be strictly based off of the precise words of the Constitution Those who endorse judicial restraint are also called strict constructionists because of that strict following of the Constitution One example of a case that was handled through judicial restraint was the case of Dred Scott v Sanford Dred Scott moved to a free state and sued for his freedom since he had been there for a long time When his case reached the Supreme Court he was denied citizenship because he was a slave and was not considered to be included in the sovereign people that the Constitution mentions ushistoryorg A feeling of fulfilling the law correctly through the Constitution alone is a benefit to judicial restraint Because the Constitution needed some amending back then decisions could not be made correctly which Im sure was one of the main issues with judicial restraintOne who commends judicial activism thinks outside of the lines and does not believe their decisions should be restricted to the Constitution Activists go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions Judicial activist Harry Blackmuns felt that Roe v Wade reflected constitutional right
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