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table [ [ THEORIES OF JUDICIAL DECISIONMAKING,ACTIVISM,RESTRAINT,ORIGINALISM, table [ [ LIVING ] , [ CONSTITUTION ] ] ] , [ table [
tableTHEORIES OF JUDICIAL DECISIONMAKING,ACTIVISM,RESTRAINT,ORIGINALISM,tableLIVINGCONSTITUTIONtable Elected officials, not courts, must make finaldecisions on policy unless they go directly againstrights explicitly laid out in the constitutiontable Courts should evaluate modern issues of libertybased on core principles inherent even if notexplicit in the constitutiontable Judges should be willing to overturn courtprecedents if the rationale for the decision is notor is no longer legally soundtable What's most important for judges to do isdiscern what the constitution's provisions meant atthe time of their adoption and rule consistent withthattable The Dobbs v Jackson Women's Health decision onabortion rights in is a good example of thisapproachtable The abortion ruling in the case Roe Wademost closely reflects this way of thinkingtable The Brown v Board of Education decision would be a good example of this viewtable The Plessy v Ferguson decision regardingracial segregation reflects this orientation
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