Judiciary Role
The author of this report is tasked with discussing whether courts can help solve complex problems. Of course, the guiding documents and many of the amendments to the United States Constitution were written a century or two ago but these are the documents that are supposed to be guiding the decisions made by courts of all levels. This would range from district courts to circuit courts and all of the way up to the Supreme Court of the United States. What will be discussed and answered to in this report shall include the limits of litigation as compared to political debate and social limits, the prerequisites for a successful litigation reform effort, the proper role of the courts when it comes to public policy issues, whether the courts should keep their rulings narrow or make them broader, and whether court decisions can change public policy and/or society. While courts most certainly have their place and time when it comes to making or restoring order when it comes to the law, they should be careful to know what their job really is and they should also realize that even the highest courts in the land have their limitations when it comes to effecting social change.
Analysis
The assignment parameters lay bare just some of the issues that are decided using Constitutional amendments and other portions. These issues include civil rights, voting rights, abortion rights, gender discrimination, affirmative action, LGBT rights, marriage equality, educational quality, sentencing of criminals and gun control. For the purposes of this report, the focus will be on LGBT rights including gay marriage. When it comes to any given case, LGBT-related or otherwise, there is an amendment or clause in the Constitution that clearly applies to what is going on. In other instances, the correlation is deemed to be implied and/or is subject to interpretation. For example, the Equal Protection clause of the United States Constitution is often what is held up as the clarion call that justifies things like gay marriage and other equal rights for LGBT people. However, there are also naysayers that suggest that if that clause could be applied in one instance, it could be applied in other instances that may not be so palatable or acceptable to society. For example, the recent Supreme Court case Obergefell v. Hodges effectively legalized gay marriage was seen as a shining moment or marriage equality and LGBT rights in general. However, some have countered that the same clause championed by the advocates for the decision that was made with Obergefell v. Hodges could be used to legally sanction other relationships. This obviously sounds absurd to many, but the question is not completely beyond the pale. For example, it is explicitly illegal in many jurisdictions for a man to have more than one wife at one time. The same is true when it comes to women having more than one spouse. There are other, and much more extreme and disgusting, examples that some have used such as bestiality and romance with objects. Others have said that "equal protection" can mean different things to different people. For example, prior law (in most of the country) was that a person could marry someone of the opposite biological gender. Some might say that this was upheld "equally" for both sexes since...
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