Judicial activism : a study of the Warren through Rehnquist courts.

Abstract

Despite the dismissive attitude toward the concept of judicial activism among some members of the academic community, it nevertheless continues to be a relevant theme in politics. Conservatives tend to use this phrase as an attack on “liberal” decisions that sacrifice principles in the name of expediency. This thesis challenges the concept that it is primarily liberal justices who are activist. I examine the activism levels of individual justices to ascertain which ideology, liberal or conservative, is more activist. Using the well-known Spaeth database, I evaluated all of the justices from the Warren through Rehnquist Courts by measuring three types of activism: federal-statute, state-statute, and altering precedent. The results show members of both ideologies engaging in activism.