The second school of thought, argues that the Justices, respond directly to public opinion for they are themselves part of the public; however this theory is much more contested. Giles, Blackstone, a...
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...for it highlights societal changes and the courts response to them. If the Court matches public opinion around the same time of the majority societal shift then the Court is most likely responding to the same line on thinking the majority of the public is responding to. I believe this theory is the most probable as to why the Court shifts their opinion. I think its is an important theory to research and examine for the implications this fact could have on society. Hamilton (1788) wanted the Court to be a buffer and separate from the “ills” or trends of society. If the court was solely using the constitution and not following the public ideology issues, like gay marriage would already be decided for the constitution does not address this issue leaving up to the states. The implications of that may be discerning to many people therefore, this idea should be examined.
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