The United States And The Supreme Court Essay

The United States And The Supreme Court Essay

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More and more people have grown disillusioned with the Supreme Court in the last thirty years than ever before. We have seen more of a shift from decisions aimed at bettering the lives of the people, to politically driven decisions with only the elite, profiting. This fact highlights the court’s need to gradually move toward a modern and evolutionary interpretations of the Constitution, rather than trying to render “new world” decisions, from an “old world” perspective. In simpler words, the nine residents of One, First Street need to embrace the idea of a Living Constitution. A Living Constitution simply refers to a Constitution which evolves as time passes by, whether it be in the form of amendments, or interpretation. I believe the main criticism, from both Robert Jackson and James Burns is that as time evolves, the Supreme Court has an obligation to interpret the Constitution in a way which reflects the current social and political climate we live in. Imagine living in the United States in the year 2015, and using a cell phone that is not “smart” or better yet, a computer with a Windows 98 operating system. It is most likely difficult to even imagine either of those two situations being a reality, so why should we live under the belief that a document adopted over 220 years ago, cannot be interpreted in a manner which accommodates the present time?
Justice Scalia (2012) in his book claimed that “The Constitution isn 't a living document! It 's dead. Dead, dead, dead! And the tendency to see the Constitution as a living document extends to a tendency to see what one wishes in it.” (p. 4-6)
Though his argument does indeed bear some weight, it also partly refutes itself. Nobody can proclaim with certainty that our founding fathe...


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... our court has grown ineffective and unrecognizable to the people, but the blame isn’t to be entirely casted onto the Justices. Elected officials have played a major role in the current state of affairs as well. What is sure is that, If the Constitution was as objective as can be, and its language was clear and precise as to what is or is not constitutional, we wouldn’t debate issues such as, should two men be allowed to marry and be given the same right as others, or can women decide what to do with their bodies. We simply cannot originally interpret a document, that in its originality, counted slaves as three fifth of a person. Whether it is patriotism or fanaticism, we all believe that the United States of America, is the greatest country in the world. But everything is subject to change, people, politics, certainly our economy. Why should our constitution not be?

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