The Constitution and It's Bill of Rights

Their right remains unchallenged because it would be too difficult to alter a Constitutional amendment. Changing the Constitution is so laborious a process as to render the Supreme Court far less powerful than that venerated document. Critics of activist jurisprudence like Meece should keep in mind the solidity of the Constitution rather than fear its falling apart in light of open-minded Justices.

             The role of the Supreme Court is to correctly interpret the Constitution to ensure that legislation reflects the core values of the nation. Reflecting the core values of the nation is not a new age, nebulous concept. Meese notes that many judicial activists hearken to the "spirit" of the Constitution and consequently disrespect the body of the document. No one can know the "spirit" of the Constitution, but the Justices of the Supreme Court do have at their disposal a document that outlines in unambiguous terms some of the core values of the United States. Most of those core values are expressed through the Bill of Rights, which were and are amendments-changes-to the original Constitution. Thus, the early framers built in the mechanisms by which Constitutional law could and would reflect changing social values and norms.

             When core social values change, the Supreme Court has the opportunity to shape political outcomes: what Meese deridingly calls activist jurisprudence. Yet it was activist jurisprudence that gave America Brown v. Board of Education, Roe v. Wade, and Miranda v. Arizona, to name a few. The Supreme Court can and should check the powers of the executive and legislative branches of government: to do so is one of the Court's most important duties.

             Moreover, the Constitution inherently permits some degree of flexibility, within wise parameters. For example, while the Second Amendment declares that citizens have the right to bear arms, the Constitution does not prohibit states from mandating gun licenses or from prohibiting certain types of automatic weapons to be sold without special permits.

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