Judicial Activism
by: Les Carpenter Rational Nation USA Liberty -vs- Tyranny Definition of Judicial Activism: USLegal - Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interpret the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. Judicial activism believes that judges assume a role as independent policy makers or independent "trustees" on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. The concept of judicial activism is the polar opposite of judicial restraint. Judicial activism has been a issue of concern going back to Thomas Jefferson . Our SCOTUS' responsibility is to determine law (legislation) with respect to its constitutionality or lack thereof. There are two primary and differing views held by judicial scholars. One school of thought holds SCJ's (Supreme Court Justices) sho...