
Judicial
activism is any type of court ruling that may reasonably be viewed as infringing
on the powers of the legislative branch of government. Judicial rulings
that embody legislative-like components are frequently decried as judicial
activism.
Judicial activism often falls into one of the following catagories:
1) rulings that prevent the enforcement of acts of Congress. No such power is vested in the judiciary by any clause in the Constitution.
2) rulings that prevent the enforcement of laws enacted by state legislatures and municipal assemblies, except in cases where the said state and municipal laws are in conflict with laws enacted by Congress.
3) rulings that require the creation, continuance, and the funding of governmental programs by state or local governments that are not mandated by Congress.
4) rulings that prevent behaviors that are not in violation of any federal, state, or municipal law.
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