TCDG Aff - Affirmative Constructive I stand to affirm the...

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Affirmative Constructive I stand to affirm the resolution Resolved : In the United States, judicial activism ought to be valued above judicial restraint. Before I begin the construction of my case, a few key terms must be defined. 1.) Judicial activism - The view that the Supreme Court and other judges can and should creatively repinterpret the texts of the Constitution and the laws in order to serve the judges own visions regarding the needs of society. (definitions.uslegal.com) 2.) Ought – Duty or correctness (Merriam-Webster) 3.) Judicial restraint - A view that judges should be reluctant to declare legislative enactments unconstitutional unless the conflict between the enactment and the Constitution is obvious. (American Heritage Dictionary) Considering these definitions and the core issues of the resolution, the definitions provided best achieve the context of resolution. The value that best fits the resolution in today’s debate is social progress. Social progress is defined as “aggregate improvement in quality of life for the population.” (socialprogressimperative.org) This ties into the resolution because we are trying to determine whether judicial activism or restraint should be preferred; therefore, social progress is a fitting value to determine which form of judicial review provides the best for the United States. Judicial activism achieves social progress because it allows the Supreme Court to pass reforms that improve the quality of life in our society. The criterion which best achieves my value is protecting human rights. Human rights are the rights that are guaranteed to all individuals through the Universal Declaration of Human Rights, such as the right to education, justice, liberty, etc. This ties into my value because we are trying to determine whether judicial activism or restraint creates social progress in the United States; therefore, protecting human rights
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is the proper epistimology for this round because it properly adjudicates which form of judicial review creates the most reform in our society and ultimately leads to it progressing as a whole. Contention 1: Judicial activism is the only form of judicial review that can truly achieve social reform. Bolick 2007 ( ) To be sure, courts deserve criticism when they exercise legislative or executive powers — ordering taxes to be raised, assuming control over school systems or prisons, or as the Supreme Court did yesterday, giving regulatory agencies broad lawmaking authority. But better to call this behavior what it really is, which is not “activism” but lawlessness. By contrast, judicial activism defined as courts holding the president, Congress, and state and local governments to their constitutional boundaries — is essential to protecting individual liberty and the
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  • Spring '17
  • None
  • Law, Supreme Court of the United States, judicial activism

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