Paper Summary:

This paper provides two brief essays related to the U.S. Constitution. The first essay argues that judges should be permitted to engage in judicial activism because the Constitution is a living document. The second argues judges must adhere to judicial restraint because the Constitution is a literal document and their role prescribed in it does not include making or changing the law.

From the Paper:

'In "The Challenge of Democracy", Janda et, al. discuss the concept of separation of powers among the executive, legislative and judicial branches of power. Where the Supreme Court or judicial branch is concerned, justices are charged with advancing justice based on the law of the U.S. Constitution. Justices identify the law, determine the facts of the case and then apply the rule of law. However, many justices have gone beyond merely applying the law of the Constitution. In many instances, justices have..."

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