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Essay On Dynamic Court

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The United States Supreme Court was created by our Founders without many enumerated powers. Through legislation and precedent, the Supreme Court’s duties became apparent to the people and the other governing bodies. From judicial review to understanding unstated fundamental rights, the Supreme Court has furthered the American people’s understanding of our founding document, the Constitution. However, when it comes to the social climate of the United States can the Court dramatically change the people’s social views? There are two ways that the courts have been seen in allowing or impeding social change to be decided by the Courts. The constrained court views and understands the limitations to creating social change have been constitutionally …show more content…

The dynamic court believes that the court is successful and energetically involved in changing the social fabric of society. The dynamic court states three main reasons how the court reforms social behaviors in America. First, are the political, institutional, and economic independence the court hold from the other branches. The members of the federal court system are outside of the purview of the electorate and hold office for life tenure. They are not elected by the people, so the people cannot hold them electorally accountable for going outside of their precedent. They are able to do what they think is right and hopefully constitutionally right, because they do not have to worry about upsetting the constituents. Economically for litigants, the court system does not require many means to achieve success. In the legislative and executive branch it might require political or economical means to be able to reach the policy makers attention. To get the attention of the Court, it only requires the case to make it into the hands of the Court, and a filing fee. Independent of the Court, political changes are made through the legislative process and usually require lobbying and other non-governmental figures to bring bill ideas and changes to the table. This requires time and funds to do so. Since the court does not have to go through the bureaucracy procedures to make changes to the social climate, they are independent of outsiders views on what their judgements should be. Secondly, the dynamic court believes that the court can act as an educator on social reform. The view of the dynamic court is that the people will be able to open their eyes when a particular case makes its way to the court. “Where the public is ignorant of certain conditions, and political elites do not want to deal with them, courts can “politicize

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