SU Society Law and Government Discussion
Position on Supreme Court Responsiveness to Public Opinion:
I believe that the Supreme Court is, to some extent, responsive to public opinion, but this responsiveness is tempered by the Court’s commitment to upholding the Constitution and the principle of judicial independence. While public opinion can influence the Court’s decisions, it should not be the sole determinant, as the Court’s primary role is to interpret and apply the Constitution, which may sometimes require protecting minority rights even in the face of majority sentiment.
Extent of Public Opinion’s Impact on Supreme Court Decisions:
Public opinion can play a role in shaping the Supreme Court’s decisions, particularly in cases where social and moral values are at stake. However, the Court must balance public sentiment with its constitutional duty to safeguard individual rights and uphold the rule of law. Here are three examples of how public opinion has influenced Supreme Court decisions:
- Brown v. Board of Education (1954): In this landmark case, the Supreme Court ruled that racial segregation in public schools was unconstitutional. The decision was influenced by the growing societal consensus against segregation, as well as changing public attitudes towards civil rights following World War II. The Court’s decision aligned with the shifting public opinion, reflecting the importance of addressing racial inequality in education.
- Obergefell v. Hodges (2015): In this case, the Supreme Court legalized same-sex marriage across all states in the United States. The decision followed a gradual shift in public opinion towards greater acceptance of LGBTQ+ rights and marriage equality. The Court’s ruling was influenced by the evolving societal attitudes and increasing support for the recognition of same-sex couples’ rights.
- Roe v. Wade (1973): The Supreme Court’s decision in Roe v. Wade established a woman’s legal right to abortion, based on the constitutional right to privacy. While this decision has been controversial, it reflects a recognition of changing public attitudes towards reproductive rights and women’s autonomy. The Court’s ruling was responsive to the broader shifts in societal perspectives on women’s health and reproductive freedom.
Three Impactful Supreme Court Decisions:
- Marbury v. Madison (1803): This case established the principle of judicial review, giving the Supreme Court the authority to declare acts of Congress unconstitutional. The decision had a profound impact on the balance of power in the U.S. government, solidifying the Court’s role as a check on the other branches of government.
- Citizens United v. FEC (2010): In this case, the Supreme Court held that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment. The decision’s interpretation of free speech and campaign finance laws led to a significant increase in the influence of money in politics, shaping modern election dynamics.
- Dred Scott v. Sandford (1857): This highly controversial decision held that African Americans, whether free or enslaved, could not be considered American citizens and had no standing to sue in federal court. The decision exacerbated tensions over slavery and was a catalyst for the growing divisions between the North and the South, ultimately contributing to the lead-up of the Civil War.
In conclusion, the Supreme Court’s responsiveness to public opinion is a complex interplay between its constitutional role, societal values, and individual rights. While public sentiment can influence the Court’s decisions, it should be balanced with the Court’s duty to uphold the Constitution and protect minority rights.
QUESTION
Description
Supreme Court Responsiveness to Public Opinion ” Please respond to the following:
- 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.
- Summarize three (3) Supreme Court decisions that you believe have had the most impact on our society. Provide a rationale for your response.