Question

Judicial Review
E. Interpret the Quote. Read each quote from real-life Supreme Court Justices. Decide whether it
appears to support judicial activism or judicial restraint then explain why you feel this way.
1. "We are under a Constitution, but the Constitution is what the judge says it is."
Justice Charles Evan Hughes (1930-1941)
This quote reflects I activism restraint because

Answer 1

The statement that was made by the judge that "We are under a Constitution, but the Constitution is what the judge says it is" illustrates judicial activism.

Judicial activism simply means a judicial philosophy that overlooks legal precedents to protect the rights of individuals. It's a judge's perceived approach to judicial review.

The statement that was made by the judge that "We are under a Constitution, but the Constitution is what the judge says it is" illustrates judicial activism. Here, the court can go beyond the applicable law to give a decision.

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