Judicial Restraint and the Purpose of the Constitution

The belief in judicial restraint and limiting judicial activism is seen in the perspective of some justices as a way to restore the original intent of the Constitution. There is acknowledgment that the Constitution empowers the courts to act, implying that pure judicial restraint may not align with original intent. The post New Deal court was based on a theory that allowed for judicial intervention in specific situations, signaling a departure from strict judicial restraint.