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Make the argument that judicial deference/restraint should guide the Supreme Court's...

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henslee | Salutatorian

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

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Make the argument that judicial deference/restraint should guide the Supreme Court's exercise of judicial review.

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted August 23, 2012 at 11:40 PM (Answer #1)

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The argument for this point of view is based on the idea that majority rule is the most important aspect of democracy.

The Supreme Court is, of course, not an elected branch of government.  This is in contrast to both the Congress and the President, who are elected by the people.  To some people, democracy depends on allowing the will of the people to rule.  In this view, the Supreme Court should be very deferential or restrained when deciding whether to overrule actions of the elected branches.  The Supreme Court should realize that it is not an elected branch and it should, therefore, defer to those who were elected in all but the most blatant cases of unconstitutional behavior.

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