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Argue that the Supreme Court's power of judicial review should not be strictly limited...

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henslee | Salutatorian

Posted August 23, 2012 at 11:29 PM via web

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Argue that the Supreme Court's power of judicial review should not be strictly limited by a constitutional amendment.

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted August 23, 2012 at 11:47 PM (Answer #1)

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A person making this argument would likely be in favor of judicial activism.  Such a person would argue that the main role of the Supreme Court is to defend the rights of minority groups in our society.

According to this point of view, the most important aspect of democracy is the respect for the rights of unpopular groups.  This is more important than allowing the will of the majority to rule.  In this view, the Supreme Court needs to be able to act aggressively to prevent the Congress and President from acting in ways that take rights away from the people.  Therefore, the Supreme Court's right of judicial review should not be limited because that would make it much more likely that majorities in the elected branches would be able to harm our democracy by reducing our rights.

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