High Level Of Judicial Activism

1884 WordsApr 27, 20178 Pages
The American people have high expectations for the government, especially our court system. The courts are expected to solve disputes through enforcing laws set forth by our legislators, and to do so without bias. Typically, the courts fulfill their purpose in this way, but the task becomes much harder when there is no precedent, or when a changing culture causes backlash to precedent. Furthermore, a vague law or ideological question may also make an orderly dispute resolution a more difficult task than the courts were designed to handle. As the constrained court view would suggest, these are hurdles the courts must overcome in order to solve disputes and keep the integrity of the court system. According to this view, judges don’t…show more content…
This occurs as a court is able to overcome cultural constraint, but the constrained court view insists that this cultural constraint is hard to overcome as the courts take into account the opinions of the elite and the public in all of their decisions. All in all, the dynamic court view suggests that none of these constraints: doctrinal, institutional, or cultural, are present. Meanwhile, the constrained court view suggests that at least one of these constraints is present in order to ensure the promise of the courts to solve disputes while also respecting public opinion, the other branches of government, and doctrine. On balance, the case of Obergefell v Hodges illustrates the constrained court view, suggesting that the Supreme Court is likely to be constrained when at least one of the constraints mentioned above is in tact. A doctrinal constraint can be met through specific laws, an institutional constraint can be met through inactive or ineffective legislative backlash, and finally, a cultural constraint can be met through the court’s adherence to cultural trends. The case of Obergefell v Hodges began in early 2014 when a same-sex couple in Ohio believed their Constitutional rights were being infringed upon. The couple included James Obergefell and John James who were legally married in Maryland in 2013. Mr.James became terminally ill and died, but his
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