tudent Directions: The following activity
examines both judicial restraint and judicial activism. You
will read the following excerpt and decide how Supreme
Court judges should use their power.
1. Justice Charles Evans Hughes said: "We are under a
Constitution, but the Constitution is what the judge says
it is."
Would this statement support judicial activism or
judicial restraint? Explain.
2. Justice John Harlan said: "The Constitution is not a
panacea (cure) for every blot upon the public welfare,
should this Court, ordained as a judicial body, be thought
as a general haven for reform movement."Does this statement support judicial activism or
judicial restraint? Explain.