INT 322: Approaches to Critical Thinking on Judicial Activism
“Judicial activism” refers to the philosophy under which judges not just interpret the law–in particular, the Constitution–but also, in effect, revise it. Supporters of such activism claim that the law–in particular, the Constitution–is a living entity that must be revised to fit new circumstances and insights.
Opponents argue that the legislature alone should legislate and the courts should only the decide whether a law is constitutional.
Research both sides of this issue particularly in light of the rulings of the current U. S. Supreme Court. Keeping in mind the principle explained in Chapter 2: If you don’t understand both (or all) sides of an issue, you don’t understand the issue. Then decide which view is more reasonable and explain your reasoning.
