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Compare And Contrast 1989 Texas Vs Eichman

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To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.
First, judicial activism is defined as the Court’s willingness to make significant changes in public policy. Judicial activists argue that there is a deliberate need for change in public policy since society is constantly …show more content…

Eichman decision reflects judicial activism, it can be argued that the supreme case ruling actually demonstrates judicial restraint. First, the 1990 United States v. Eichman verdict reflects judicial restraint because it upholds and applies stare decisis. To illustrate, in both the 1990 United States v. Eichman case and the 1989 Texas v. Johnson case, the Court ruled that individuals could not be criminalized for flag burning. The 1989 Texas v. Johnson case was similar to the 1990 United States v. Eichman case because both involved the prosecuting an individual for flag burning. In the Texas v. Johnson case, Gregory Lee Johnson protested the policies of the Reagan administration during the 1984 Republican National Convention; Like Shawn Eichman, Johnson also burned an American flag during the protest. Although nobody was physically harmed, the flag burning offended many witnesses. As a result, “Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a state court of appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances.” This reflects judicial restraint because the United States v. Eichman Court decision faithfully applied the precedent and honored the prior Court decision from the 1989 Texas v. Johnson case. In addition to upholding the prior Court decision from Texas v. Johnson, the United States v. Eichman ruling also reflects judicial restraint because it adhered strictly to the Constitution. To exemplify, the First Amendment in the Constitution directly states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of

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The first is a "judicial" path, which is a direct outcome of judicial decisions such that the social reform occurs as spelled out in the ruling. The other is an "extra-judicial" path, in which the courts "do more than simply change behavior in the short run" (Rosenberg, 6), they accomplish widespread social reform by drawing a light to an issue and actually changing opinions. Extra-judicial efforts are very important for supporting a Dynamic Court, while a Constrained Court relies more on the letter of the law and rulings that follow the judicial

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The Supreme Court ruled that it did not violate the eighth amendment and was constitutional. This brings up the question “Was the case properly determined by the Supreme Court or should it be Congress to decide?” Furman v. Georgia (1972) was a case similar to Gregg’s. A man was convicted of murder and burglary. He has sentenced the death penalty.

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The law in Texas at the time banned flag burnings. He was convicted, and the case was appealed to the Supreme Court. We ruled that Johnson’s right to free speech had been violated. He was expressing symbolic speech. We ruled that even though an opinion is unpopular, doesn’t mean we have the right to restrict his freedom of

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