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Question
read the following paragraph from a book review:
in his book engines of liberty: the power of citizen activists to make constitutional law, david cole claims that ordinary citizens, not judges, are the real force behind changing interpretations of what is and isnt constitutional. i believe this viewpoint is naive and misleading. although public opinion does influence legal decisions, meaningful change only occurs in the courtroom. for example, a majority of americans favored legalizing same - sex marriage for many years. but the supreme court did not rule it was constitutional because it was popular. it made it constitutional only because numerous states had passed laws and fought lower court battles over the practice.
the topic of this paragraph is \i believe this viewpoint is naive and misleading.\ what part of the passage provides evidentiary support?
for example, a majority of americans favored legalizing same - sex marriage for many years.
but the supreme court did not rule it was constitutional because it was popular. it made it constitutional only because numerous states had passed laws and fought lower court battles over the practice.
although public opinion does influence legal decisions, meaningful change only occurs in the courtroom.
in his book engines of liberty: the power of citizen activists to make constitutional law, david cole claims that ordinary citizens, not judges, are the real force behind changing interpretations of what is and isnt constitutional.
The author's claim is that the viewpoint (ordinary citizens as the real force) is naive. The example of same - sex marriage shows that public opinion (Americans favoring it) wasn't enough. The Supreme Court's action (based on state laws and court battles, not just popularity) provides evidence against the initial claim, supporting the author's assertion.
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But the Supreme Court did not rule it was constitutional because it was popular. It made it constitutional only because numerous states had passed laws and fought lower court battles over the practice.