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American Policy, Judicial Activism and Restraint - Assignment Example

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The reporter states that Judicial activism and restraint are both opposite approaches to constitutional and legal interpretation applied as the grounds for decision-making in a court case. As a criticism, Judicial activism might be rooted in the political bias of the individual applying the label and might or might not, in reality, have a foundation…
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American Policy, Judicial Activism and Restraint
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Download file to see previous pages In giving its ruling, the conservative group of the Roberts Court improved the cause of "corporate personhood" through giving large corporations the capacity to drown out the voices of the electorate by the production and circulating of quasi-media messages promoting or demeaning certain political candidates. In giving corporations this power, the Court opened the door to making them the most powerful purveyors of public opinion, devoid of requiring accountability or truthfulness (Manje 102). This is a power that should not be granted to corporations, thus I close this question is support of judicial restraint powers.
In Furman v. Georgia, the justices considered the death penalty as a violation of the Fourteenth Amendment because these death sentences were cruel and unusual in the same manner that being struck by lightning is unusual and very cruel (Griffins 304). They argued the fact that people charged with rape are simply convicted, but those charged with petty crime want to be executed. I feel that the death penalty is a deterrent to crime so long as it is imposed on the necessary crimes that deserve to be punished with the death penalty. For instance, rapists, people who are charged with more than three counts of any crime. This will work as a very good example of deterring crime rates (Griffins 305). What would make one form of capital punishment cruel and unusual is the virtual belief that genuinely innocent individuals will be executed and that there is no likely way of repaying them for this miscarriage of justice? What constitutes cruel and unusual punishment, for instance, is the agony the innocent friends and family of criminals have to also undergo during the execution. However, the judges took into consideration the message they were sending to likely culprits in order to deter crime. (Griffins 304)
Haidt’s research gives me greater insight into why people feel differently than I do about politics and government due to the simple fact that their always opposing views about politics that is why there are liberalism and conservatism. ...Download file to see next pagesRead More
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