Supreme Court - Political role of the court

Question 1

Reasons for activism

Answer 1

• Elected branches won’t act on contentious areas due to loss of support
• Congress is too slow to solve problems that need quick solutions
• Interpretation of the constitution is essential to keep it up to date and relevant
• Ignoring issues could lead to breaches of the constitution and rights

Question 2

Reasons for restraint

Answer 2

SC is unelected and unaccountable

• No one knows what the FF intended
• Previous judgements should not be overturned by personal views
• Limited checks on the court should mean limited action
• Activism undermines independence and neutrality

Question 3

Living constitution

Answer 3

• The constitution is an evolutionary document to be interpreted by its principles
• 14th amendment used by SC protected abortion under “due process” clause and SSM under “equal protection clause” both incomprehensible to FF \
• Shared with loose constructionist philosophy - Needs interpretation into modern times

Question 4

Originalism

Answer 4

• Argues it should be taken more literally, by the exact words or meaning behind them
• 2nd amendment still valid as the type of weapon not specified in “right to bear arms”