The United States Constitution

702 Words3 Pages
The United States Constitution is one of the oldest documents in U.S. history created by our Founding Fathers to limit the power of the federal government and protect the natural born rights of citizens. These forward thinking individuals realized that sometimes people in positions of authority could potentially abuse their power hence the creation and framework of United States Constitution was established. The Founding Fathers intentions which were deemed fair and consistent would give people the protection they once feared could be taken away. Though these intentions were viewed in the eyes of fairness and consistency the Constitution could be interpreted multiple ways. The Constitution could be viewed in two different ways, a strict or loose approach. “Strict refers to a philosophy of constitutional interpretation that holds that the Constitution should be interpreted and applied based on a precise reading of the text and the text alone” ( When looking at the Constitution from a strict point of view, Supreme Court judges should only rely on the document to factor their decisions based on the current case that is being reviewed. Strick viewers of the Constitution believe that when Justices make rulings that are closely tied to their personal and political beliefs they are going against the ruling of the Constitution and law, thus they are taking part in judicial activism. However, judicial activism has some merit and shouldn 't be overlooked. Positive takeaways for judicial activism is that it allows judges to have a voice and take into consideration the facts they have been given that may be unfair and go against the presented case. Judicial activism gives judges the opportunity to fight against the ... ... middle of paper ... ... that Gideon flat out overturned the prior Betts case and broke with precedent by saying all defendants have a right to counsel and could potentially be seen as violating stare decisis and being a case of judicial activism that strays from the courts designated role. However, the case of Gideon v Wainwright presented an issue defined in the Constitution whereas as the court had already ruled on and it didn 't violate the doctrine of political questions or ruling on political things meant to be settled by legislatures. As the supreme court reached its decision in Gideon by stating that right to counsel established in prior cases and applying the 6th and 14th amendment for federal cases which extends the Bill of Rights within states, this case (in state of Florida) appears to be squarely within the realm of the supreme court and they were correct in hearing his case.
Open Document