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Essay heading: Activism in Disguise: A inquiry into the motives of Judicial Restraint
 
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Issue: Philosophy
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Date added: March 10, 2008
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No of pages / words: 10 / 2653
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When confronted with a case, regardless of the social/moral implications, a judge in the United States must answer one question before he may even hear the details of the case: is this in my jurisdiction? – or in other words – do I have the authority to make a ruling on this particular issue? Since the inception of the union, the American court system has experienced a plethora of historical conflict in the arduous balancing act between federal power and state sovereignty...
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Because the legal system is ostensibly imperfect, cases are not immediately heard in an appropriate court. It often takes several rounds of appeal proceeding in order for an important case to make it up to the felicitous superior court. If indeed a judge believes a particular decision is out of his authority or beyond the scope of his court’s rule, he is obliged to restrain his power and say so...
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General issues of this essay:
 
DICKERSON V. UNITED STATES SUPREME COURT OF THE UNITED STATES   Funk v. United States, Case Brief   Historical Foundations Of The United States Constitution   Judicial activism is necessary to protect the rights of American Citizens.     Abandoned Property? A Case Review: International Aircraft Recovery, L.L.C v. United States of America   United States Constitution And The United States Legal System In Business Regulation.   Abortion - A big moral issue in the United States   Supreme Court Case of Dennis v. United States, 1951   The Death Penalty: Federal Or State Issue?   Activism in Disguise: A inquiry into the motives of Judicial Restraint   The Impact of Media Hype on Consumer Demand: The Case of Mad Cow Disease in the United States   Abortion United States Supreme Court in the 1973   No Longer A Question of Morality: Gay Rights in the United States   Social Development In Turkey With European Union Implications  
 
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