Question

Write paragraphs on each question:

1) What is the difference between judicial activism and judicial restraint, originalism, and non-originalism in judicial interpretation?

2) What are the presidential veto and the executive order or administrative decree, and how do president’s use them to advance policy goals?

Answer 1

Ans 1:

Difference Between Judicial activism and Judicial restraint:

- Judicial activism

Judicial activism is the interpretation of the constitution to advocate contemporary values and conditions. Judges should look beyond the original intent of the farmers. Judicial activism can be involved in interpreting and enlarging laws.

- Judicial restraint

Judicial restraint is limiting the powers of the judges to strike down a law. Judges should look to the original intent of the constitution. Judicial restraint argue that changes to the constitution can only be made through the Amendment process.

Difference Between Originals and Non-Originals:

- Originals

Originals is a concept regarding the interpretation of constitution that asserts all statements in the constitution must be interpreted based on the original understanding of the people at the time it was ratified. It follows the exact word of the constitution.

- Non-Originals

Non-Originals refers to the literal interpretation of language of the Constitution and of its scope. Non-Originals interprets the meaning of the constitution.

Ans 2: The presidential veto and the executive order or administrative decree:

- Presidential veto

It means the power of the president to refuse to approve a bill or joint resolution and thus prevent its enactment into law. The president has ten days to sign a bill passed by Congress which excludes Sundays. A pocket veto occurs when Congress adjourns during the ten-day period.

- Administrative decree

Administrative decree means an act issued by an administrative agency pursuant to the law. It has the force of law.

The president use them to advance policy goals by properly using the informal and formal powers that he have. He has all rights to approve or refuse a bill.