The Second Challenge — Imperial Judiciary

Hudson argues that judicial review is a threat to democratic values. In your essay, first describe the origins of judicial review. This section should also address the ways that Hudson claims judicial review imperils American democracy. Do you agree, why or why not? Second, examine the two main approaches to constitutional interpretation. Identify and describe these approaches. Then discuss the implications of each for American democracy. In this section, illustrate whether one or the other approach solves the problem of judicial activism and highlight the main critiques of each. Again, evaluate Hudson’s arguments (do you agree or disagree and why). Third, discuss any proposed solutions. Does Hudson offer much help to deal with this threat? Can you think of any solutions that Hudson ignores?



Sample Solution