2007-01-16 16:00:55 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
HELP!! ESSAY DUE IN LESS THAN 8 HOURS!
2007-01-16 16:57:56 · update #1
The court makes decisions based on LAW and nothing else. Public opinion can change the law, through legislatures, and that has happend based on court desicions. If you don't like the decision of the court, call your congressman!
2007-01-16 16:04:36 · answer #1 · answered by JoeH 3 · 1⤊ 0⤋
While the court can only legitimately hear cases that arise under the Constitution an the laws made in the pursuance thereof (Article 3 of the U.S. Constitution). they often do consider the public values of the day. The intention of the framers design of the federal judiciary was to prevent rapid and drastic change. the court is thus somewhat insulated from the politics of the time because it is necessary to make decisions that are unpopular in order to maintain stability.
2007-01-17 00:36:22 · answer #2 · answered by Jai 2 · 1⤊ 0⤋
The problem isn't that they should consider public opinion directly but that they've managed to ignore the people entirely by ignoring the extraneously written intent of popularly elected officials who, for their constituencies, write and vote on laws the court is to interpret.
In Wong Kim Ark (I forgot the year, see Yahoo!) the justices for the majority questioned whether they were "permitted" to consider the written intent of Senators who penned the 14th amendment in deciding the case.
WHAT?!?!! Of Course they can consider it. The fact that their opinions even mentioned it is evidence they'd discussed the writings of the Congressional Globe - verbatim discussions of Senators and Representatives as they debated the intent of the amendment before voting on it.
In their discussions, they stated REPEATEDLY that no aliens would be granted citizenship just because they were born on U.S. soil.
Leave it to the Extreme Court!
I say, push for and ratify an amendment DEMANDING jusices consider the written or otherwise recorded intent of those the people elect!
2007-01-17 00:28:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
because the supposed job of the supreme court is to interpret the constitution and laws stemming from it. but instead their decisions are determined by a popular vote of nine and the constitution is twisted to make it fit however they can do so.
2007-01-17 00:05:59 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Because their business is law, not public opinion.
2007-01-17 00:09:11 · answer #5 · answered by Tish 5 · 0⤊ 0⤋