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Supreme Court - Assignment Example

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It acts on, and provides fair arbitration to all the controversies and cases that arise under the constitution or the law. It being the…
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Supreme Court Data of Supreme Court In the United s, the court is considered to be the highest tribunal in the land that is expected to exercise justice to all the citizens. It acts on, and provides fair arbitration to all the controversies and cases that arise under the constitution or the law. It being the final arbiter, the Supreme Court is entrusted with the ability to provide equal justice through the use and interpretation of the law, hence, it also functions and a guardian in interpretation of the constitution (Charles, 2012). It is because of these very important functions that the Supreme Court is expected to carry out constitutional review in order to equalize the constitution with the major changes that have taken place in the land for the last 223 years since the constitution was ratified. It is true that the constitution was ratified during that time to conform to the then demographic, social, industrial and technological structures. These have duly changed; hence, amendment to the constitution is also required.
The Supreme Court in so doing should take a non-originalist point of view as these people give a more substantial weighting to precedent, consequences and to the natural law. It therefore means that, the non-originalists will not just take precedents the way they are, but give them some analysis and weighting before considering them.
Considering the Supreme Court ruling on the gay rights, the Supreme Court actually had to amend the constitution from how it had been allow people from same sex to enjoy certain rights and privileges which they were deprived of earlier. It therefore means that, after the issue being contested in the Supreme Court for Nine Circuits, the court finally found no reason for depriving people of same sex their right to marry (Adam, 2013). This decision was based on the non-originalist view that looked into the other precedents keenly to allow the constitution make amendments in favor of those who wanted to have same sex marriages.
References
Adam, L. (2013, June 26). Supreme Court Bolsters Gay Marriage With Two Major Rullings. The
New York Times .
Charles, E. H. (2012). The Court and the Constitutional Interpretation. Journal of the Supreme
Court of the United States , 1-12. Read More
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