SOC205 - WEEK 10 - DISCUSSION 1

SOCIETY, LAW AND GOVERNMENT

"Supreme Court Responsiveness to Public Opinion"

From the e-Activity, compare and contrast the fundamental differences in the manner in which the general populace may interpret court decisions involving social policy. Provide a rationale for your response.

The fundamental differences in the manner in which the general populace may interpret court decision involving society and social policy is inclusive of the context of allowance of active debate, applying of civil codes and disagreements, transitional and development of economics. Further the change and evolving of times and parallel crimes advancement lend its hand to changes and approaches to alterations of court decisions which lead to amendments and policy changes to deal with interactive life and its ability to grow, advance and change.

Judicial activism which is a parallel affiliate to constitutional interpretation, as well as to statutory construction and separation of powers and as such the populace view it as a preventer to assume a stance of majority and as a preventer to use all personal opinions but a prevalent challenge to unfair leading in directions opposed to people and society. Therefore, it is a stance to prevent personal affiliation vs. affiliations for the good of the populace.

Therefore, the general populace view court decisions on individual basis regarding social policy that can range from civil to criminal. Also, in parallel is comparison of cases of similar that help render a judgment that is in consistency and reflect a stable base and approach. In contrast, the general populace interprets court decisions that are not in conclusion with their view as an avenue of change for social policy and challenge due to changing economy, populace, and behavioral changes. Consequently, the remaining point is that active principles help play the role.

Take a position on whether or not you believe the Supreme Court is responsive to public opinion. Examine the extent to which public opinion should affect Supreme Court decisions. Support your response with at least three (3) examples of the perceived effects of public opinion on Supreme Court decisions.

In relation to the Supreme Court and its parallel ability and responsiveness to public opinion I believe to a certain level that the populace is a stimulus and active variable in the viewing of the law, the progressing and changing of the law, differing changes and scenarios of that are presented to court, evolving changes of business, relational and interrelational Congress, legislative balance and comparative to civil and crime, norm enforcement, contradictory evidence or even presentation from both sides that deny a ruling but calls for new policy to determine.

Therefore, three examples of the perceived effects of public opinion on Supreme Court decisions are as follows:

Roe v. Wade
(1973)

Although an older case, this case is perceived a landmark Supreme Court case that discussed the issue of abortion that affected many and Jane Roe in particular. She filed a lawsuit to protest the Texas criminal abortion laws which made aborting a fetus a felony unless a woman’s health was at risk. As relates to the populace or public opinion this law was seen as unconstitutional and held that her rights and any other woman rights to privacy and choice were violated. Further the rights of states to regulate abortions are based on protecting prenatal life and the mother’s health. State regulation is determined by the mother’s current trimester.

Brown v. Board of Education
(1954)

In this case, the fight for an equitable education, civil rights and attaining racial equality was during the 1950’s in Topeka, Kansas where Linda Brown, her sister and other black students were denied access to a nearby segregated white school. Based on the infringement and violation of the 14th Amendment the case was first presented to the Federal Court which held its precedent and was summarily referred to the Supreme Court who concluded and decided that school segregation was unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment.

Gideon v. Wainwright
(1961)

During this time of this case, the right to have an attorney was not afforded or appointed as constitutional right. In the event of Supreme Court case, Gideon v. Wainwright, Clarence Earl Gideon of Florida was arrested after being found in the proximity of a burglary and was unable to afford a lawyer to represent him in court. When he asked for an attorney or lawyer in the Florida Circuit Court he was denied and was subsequently forced to represent himself. He was found guilty and sentenced to a term in the Florida state prison after which he pleaded for the U.S. Supreme Court to hear his case which it agreed to and was found and determined unanimously that his rights were violated because the 6th Amendment requires state courts to appoint lawyers for those who cannot afford counsel.

Thank you.

Felicia

http://newtalk.org/2008/07/what-is-the-role-of-the-courts.php
https://en.wikipedia.org/wiki/Judicial_activism
http://newtalk.org/2008/07/what-is-the-role-of-the-courts.php


SOCIETY, LAW AND GOVERNMENT
WEEK 10 - DISCUSSION 1
RESPONSE TO CO-STUDENT

Restrictions are held for judges also and the public opinion can be a plus but there has to be a concrete reason to alter a policy it cannot be on a whim only. Judicial Activism is a positive and negative as it pertains to control and again an inhibitor to willy-nilly changes that are based on personal preference.

I agree social policy is for the people and through the people and therein its allowance to reign and harness the power of all. As the people, all have a say to move or stall on consequence and facts.

Thank you.

Felicia