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| − | There are two major types of judicial activism practiced in the United States' court system: | + | ==Judicial Activism Defined== |
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| − | 1. Liberal judges striking down laws that uphold core conservative American values<br>
| + | There are three general types of judicial decisions that are cited as examples of "judicial activism": |
| − | 2. Liberal judges refusing to strike down laws that subvert core conservative American values
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| | + | 1. Liberal judges striking down laws that uphold core conservative American values;<br> |
| | + | 2. Liberal judges refusing to strike down laws that subvert core conservative American values; and<br> |
| | + | 3. Judges of any ideological stripe who uphold the existence of rights not clearly created by the text of the [[United States Constitution|Constitution]] or relevant statues.<br><br> |
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| | + | ==Cases of Judicial Activism== |
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| | The most famous example of this is [[Roe v. Wade]]. Other examples include Loving v Virginia<ref>http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/loving.html</ref> which stripped state control over marriage, putting it in the hands of the federal government; McCreary County v. ACLU in which judges stripped free speech and religious freedom from McCreary County <ref>Supreme Court of the United States[http://straylight.law.cornell.edu/supct/html/03-1693.ZS.html]</ref>; Hamdan v. Rumsfeld in which the Supreme Court sided with terrorists over the protection of the United States of America. <ref>FOX News June 29; 2006[http://www.foxnews.com/story/0,2933,201530,00.html]</ref> and Schiavo v. Schiavo, in which judges allowed the removal of a feeding tube from a handicapped woman in accordance with the wishes of her husband and against the wishes of her parents and many pro-life supporters.<ref>http://news.findlaw.com/legalnews/lit/schiavo/</ref>. | | The most famous example of this is [[Roe v. Wade]]. Other examples include Loving v Virginia<ref>http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/loving.html</ref> which stripped state control over marriage, putting it in the hands of the federal government; McCreary County v. ACLU in which judges stripped free speech and religious freedom from McCreary County <ref>Supreme Court of the United States[http://straylight.law.cornell.edu/supct/html/03-1693.ZS.html]</ref>; Hamdan v. Rumsfeld in which the Supreme Court sided with terrorists over the protection of the United States of America. <ref>FOX News June 29; 2006[http://www.foxnews.com/story/0,2933,201530,00.html]</ref> and Schiavo v. Schiavo, in which judges allowed the removal of a feeding tube from a handicapped woman in accordance with the wishes of her husband and against the wishes of her parents and many pro-life supporters.<ref>http://news.findlaw.com/legalnews/lit/schiavo/</ref>. |
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| − | In Brown v Board of Education<ref>Deseret News, Aug. 22 2006[http://deseretnews.com/dn/view/0,1249,645195135,00.html]</ref>, activist judges stripped the power of the states to treat black Americans as second class citizens. Using the definition above, [[Liberal]] judges should not have struck down the ability to segregate whites and blacks, because racial discrimination is a core conservative American value. | + | In Brown v Board of Education<ref>Deseret News, Aug. 22 2006[http://deseretnews.com/dn/view/0,1249,645195135,00.html]</ref>, activist justices of the Supreme Court stripped the power of the states to mandate racially segregation in public schools. Some argue that [[Liberal]] judges should not have struck down the ability to segregate whites and blacks,[citation needed] because the text of the Constitution does not clearly require racial integration or the particular, and arguably onerous, desegregation plans imposed on the school districts involved by the Court. |
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