Discussion1 300 words
The Founders wanted the courts to be independent bodies. In addition to making decisions about life and death, whether to award settlements in civil cases, and whether to punish individuals and the severity of that punishment, the courts also make decisions affecting the lives of everyone. The courts have effectively legalized abortion, sanctioned the death penalty, integrated schools, decided whether a city’s districts for city council are constitutional, and determined how evidence may be admitted into court. Countless other issues have been decided by courts. Many judges are appointed for life and are thus free to make difficult decisions that might not be made by legislators. Do you think the courts and judges have too much power as compared to the wishes and expectations of our Founders?
Discussion2 300 words
One of the assertions in chapter 7 of your text is that courts can actually bring about social change. The example your text provides is the integration of schools and the various social developments that resulted. Another example is the courts’ attention to criminal due process rights in the 1960’s and the resulting social change. Can you think of other social changes that have actually been caused by the courts within the last few years or which may be caused by the courts in the near future?