legal






 

Question by  Igor (14)

What effects have the courts adoption of legislative roles and their ability to make broad social policies had on American politics?

I am having a difficult time understating the role in which courts have played in the adoption of legislative policies.

 
+6

Answer by  Duncan (1124)

Conservative legal scholars claim that courts have increasingly taken on legislative roles, citing in particular the cases of Brown v. Board of Education and Roe v. Wade. Other scholars disagree, stating that such cases are merely examples of constitutional adherence that recognizes the dynamics of change that plays a role in constitutional understanding.

 
+5

Answer by  tamarawilhite (17883)

The courts were supposed to only interpret laws. By courts telling legislatures to do things or granting new, broad rights, an appointed judge over-rules the democratic process.

 
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