Question

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When a federal judge in Hawaii struck down President Donald Trump's executive order banning citizens of certain countries from entering the United States, was it an example of judicial activism? Explain your answer.

Answer 1

The decision of the Federal Judge to strike down President Trump's travel ban was most likely not Judicial Activism

Judicial Activism refers to:

• the Judiciary making decisions based on social implications in addition to the applicable law
• the Judiciary using their discretion when making judgements

The federal judge that struck down President Trump's executive order that imposed a ban on citizens from several countries made that decision based on the First Amendment and the Establishment/ freedom of Religion clause.

The Judge was of this opinion because the countries that were banned were predominantly Muslim.

We can conclude therefore, that the decision was not judicial activism as it was within the scope of law, or at least was in the scope of law according to the Judge in question.

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