Links for 9e. The Power of the Federal Courts [Beyond Books

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Visit http://www.ripon.edu/faculty/bowenj/antitrust/warren.htm

Chief Justice Earl Warren led an activist court.

Visit http://www.loc.gov/exhibits/treasures/trr038.html

This letter from Justice Brennan to Chief Justice Warren discusses Miranda v. Arizona, an activist decision that requires police to read a suspect his or her rights.

Links for 9e. The Power of the Federal Courts

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Exploring Constitutional Conflicts: Right to an Abortion?

Could Roe v. Wade (1973), one of the most controversial decisions in judicial history, be overturned — or is it protected by stare decisis? Planned Parenthood v. Casey (1992) could have been the case that took away a woman's right to choose. The constitutional basis for both decisions is discussed here at the University of Missouri at Kansas City law site.
What Exactly Is Judicial Activism?

This scathing criticism of judicial activism doesn't pull any punches. The conservative article concentrates on the decisions of the Florida Supreme Court after the 2000 presidential election, then moves on to subjects such as Roe v. Wade and a recent Supreme Court decision regarding the Americans with Disabilities Act. Read this and the related articles for an interesting, if somewhat biased, take on judicial activism today.
Trade of Restraint

This Slate article takes issue with both Democrats and Republicans and their attitudes toward judicial activism. Tracing the 2000 election battle in the courts, the author believes that both parties call for judicial activism or judicial restraint depending on what suits their purposes at a given moment. Although the step-by-step walkthrough of the legal proceedings is a little complicated, the review of the political posturing that goes on with regard to the legal system is an interesting read.
A Case for Principled Judicial Activism

This paper from the Heritage Foundation defends judicial activism as a principle and encourages its use by conservative judges. Wade through this thick piece of scholarship as the author takes arguments in favor of restraint and picks them apart one by one. Although the reading here is a little heavy, this is one of the few works on the Net that promotes judicial activism.

The Power of the Federal Courts

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