Title: The Judicial Branch Free Essay Sample
Headings: The Judicial Branch
The Judicial Branch
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Content: This reversed the 1896 Plessy v. Ferguson decision that upheld the doctrine of “separate but equal. ” i For the most part, though, federal courts do have a great deal of respect for previous decisions. A very strong precedent called stare decisis (“let the decision stand”) directs judges to be cautious about overturning decisions made by past courts. i Judicial Activism versus Judicial Restraint Judicial Activism is an interpretation of the U.
S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court). While Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. The lack of agreement regarding the policy making power of courts is reflected in the debate over judicial activism versus judicial restraint. Judicial activists believe that the federal courts must correct injustices that are perpetuated or ignored by the other branches. Supporters of judicial restraint point out that appointed judges are immune to public opinion, and if they abandon their role as careful and cautious interpreters of the Constitution, they become unelected legislators. Despite the debate over what constitutes the appropriate amount of judicial power, the United States federal courts remain the most powerful judicial system in world history. Their power is enhanced by life terms for judges and justices, and they play a major role in promoting the core American values of freedom, equality, and justice.