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The view that judicial decisions should rest on the intent of the framers of the Constitution is known as
The view that judicial decisions should rest on the intent of the framers of the Constitution is known as .The Framers of the American Constitution were visionaries. They designed our Constitution to endure. [ They sought not only to address the specific challenges facing the nation during their lifetimes, but to establish the foundational principles that would sustain and guide the new nation
into an uncertain future. The text of the Constitution reflects this vision. It defines our most fundamental freedoms in general terms: “freedom of speech,” “due process of law,” “free exercise” of religion, “equal protection of the laws,” “cruel and unusual punishment.” The Constitution sets forth governmental powers in similarly general terms: Congress may regulate “commerce… among the several states,” the president will “take care that the laws be faithfully executed,” the courts are authorized to decide “cases” and “controversies.” These phrases are not self-defining. The Framers understood that they were entrusting to future generations the responsibility to draw upon their intelligence, judgment, and experience to give concrete meaning to these broad principles over time. As Chief Justice John Marshall observed almost two centuries ago, “we must never forget it is a Constitution we are expounding…intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.” ]
Expert answered|cadbury19020|Points 123|
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Asked 10/17/2013 6:29:13 PM
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Judicial objectivism.
Weegy: My proposed principle of "judicial objectivism" is that judges should try to avoid basing decisions on their own biased personal opinions and should try to use reasoning that is so airtight that no reasonable person could find fault with it. [ I call it "judicial objectivism" to distinguish it from the general philosophy of "objectivism" and the "objectivism" of Ayn Rand in particular, though my "judicial objectivism" is related to those other philosophies' idea that there are truths or realities that are independent of individual perceptions. IMO the principle of "judicial independence" is actually harmful when it encourages - as it did in the case of Judge "Jackass" Jones - judges to base their decisions on their own biased personal opinions. Judges should have the humility to recognize that their personal opinions, even if valid, might be in disagreement with one or more other valid opinions. This proposed principle of "judicial objectivism" - like my proposed principles of "non-justiciability" and the "compelling reason" test for non-literal interpretations of the Constitution - is aimed at eliminating or reducing the courts' arbitrariness, capriciousness, "activism," and "legislating from the bench." ] (More)
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