Difference between Judicial Activism and Orignal Intent essays & term papers     

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Difference between Judicial Activism and Orignal Intent Free Essay, Term Paper and Book Report

The terms judicial philosophies of judicial activism and original intent are vastly different in their approach to the law and how it is interpreted. Both theories leave question as to the effectiveness of their approaches to the interpretation of the law, which in turn often leads to the philosophies being placed in political terms versus a legal theory. Judicial Activism is a term that was originally determined to be a positive and proactive way of approaching the constitution, only to be in more recent times deemed to be detrimental to the interpretation of the law. Original intent is a part of a family of theories called Originalism that believes in the original intent of the authors as the constitution was originally drafted an signed. Each has been instrumental in the changing of our nation legally and legislatively. Both approaches, at times, have been the strength behind our nation or an Achilles heel that prevents us from progressing. Original intent, when applied by such Justices as Scalia and Thomas, interprets the law, a precedent or the Constitution as it would have......

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