SOSC 3360 Lecture Notes - Lecture 6: Judicial Restraint, Judicial Activism
23 Jan 2018
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Bad for democracy constitution as a ceiling = do what the constitution says and no more --. Constitution as a floor = constitution as a starting point. The most vulnerable have to wait the longest to get help. Richard nickson republican= hated/concerns about how the supreme court was deciding on the constitution. Nothing to do with the political side. Government in power= prefer less intervention by the court. Government not in power= prefer more active judiciary system. Deference: court should defer to the decision of the legislature its fairer to let the majority decide courts should but out. Some minorities would always be at the losing end. Says they are not vague but need to be understood better. A person constitutional rights cannot be sacrificed against the greater good of the state. Boork rights of the constitution are very vague should not let the courts decide. Constitution is about concepts and the judges can agree on those concepts.
