Judicial Restraint and Judicial Activism in Landmark Cases

Question 1

3 desegregation Cases (judicial activism)

Answer 1

1.) Brown v. Board of Education (1954) — Judicial Activism: The Court overturned 2.) Plessy v. Ferguson (1896) and ruled that racial segregation in public schools was unconstitutional.3.) Loving v. Virginia (1967) — Judicial Activism: The Court struck down laws prohibiting interracial marriage.

Question 2

Personal Liberties: Judicial activism

Answer 2

Griswold v. Connecticut (1965) — Judicial Activism: The Court found a constitutional right to privacy, invalidating state laws banning contraception.

Question 3

Personal Liberties: judicial restraint

Answer 3

National Federation of Independent Businesses v. Sebelius (2012) — Judicial Restraint: The Court upheld the Affordable Care Act’s individual mandate using textual interpretation of the Constitution.

Question 4

Gun Rights: judicial activism

Answer 4

District of Columbia v. Heller (2008) — Judicial Activism: The Court ruled that the Second Amendment protects an individual’s right to own firearms, even for personal use.

Question 5

Political Process: judicial activism

Answer 5

Citizens United v. Federal Election Commission (2010) — Judicial Activism: The Court ruled that corporations and unions can spend unlimited amounts of money on political campaigns, interpreting the First Amendment’s protection of free speech broadly.