The Supreme Court s Constitutional Bonds Essay - 1553 Words

In the historic ruling of Obergefell v. Hodges declaring same-sex marriage legal in all 50 states, four justices voted against the majority, each giving his or her own reason for dissenting. This momentous decision arose many controversial questions, many believing our justice system was faulty in the decision making process for an issue of such gravity and lasting implications. Chief Justice Roberts made a principal dissent, claiming that in just one day, the court has transformed the societal institution of marriage that has banded humanity together for millennia. Roberts made clear that no consensus is worth a decision he feels completely overstepped the Supreme Court’s constitutional bonds, stating â€Å"Celebrate the opportunity for a new expression of commitment to a partner†¦but do not celebrate the constitution†. Roberts repeatedly insists that history and tradition must be drawn on to come to a conclusion, and judges ought not to rely on his or her own mo ral judgement concerning the morality of whether denying the fundamental rights would be unjust in light of the constitution. Although Roberts’ does agree that same-sex couples who have previously challenged state laws excluding them from marriage â€Å"make strong arguments rooted in social policy and considerations of fairness† , he ultimately believes that the Constitution cannot decide what is fair and what is just. Roberts’ used the Lochner v. New York case to prove his reasoning. Lochner remains a symbolic case thatShow MoreRelatedState Government And Federal Government881 Words   |  4 PagesState Government or Federal Government The Bond between Federal government and states is very obscure. In fact, the constitution, and federal papers is constructed around state and federal government. In federalist paper NO.51, founder James Madison explains how he wants a balance between government and personal liberty also how the structure should be.The topic of this entire federal paper is government overall. He believes each branch should be independent, in efforts, no branch should aloneRead MoreEssay on Civil War1190 Words   |  5 PagesRevolutionary Generation both had been on the minds of the delegates to Philadelphia in 1787. And, significantly, they were considered so controversial that neither the word slavery nor the word nation appeared in the Constitution. In the late 1800s the Southern states began to slowly secede from the Union on grounds that the federal government was limiting their rights, such as the right to own and regulate slaves, which were at that time considered to be property (Monk 208). Sl avery was the SouthsRead MoreHow Is Marriage Defined?1054 Words   |  5 Pagesinvarious partd of the world to form a familial bond that is recognized legally, religiously, or socially, granting the participating partners mutual conjugal rights and responsibilities and including, for example, opposite-sex marriage, same-sex marriage, plural marriage, and arranged marriage. Sadly many religions still will not accept same sex marriage. A ruling by Massachusetts highest court that prohibiting same-sex marriage violates the state s constitution has forced that state, and by extensionRead MorePolice Reform : 1960s And Today s Society1732 Words   |  7 PagesMarch 2016 Police Reform: 1960s and Today’s Society In the 1960s, there were a lot of riots and protests due to the civil rights movement to enrich individual’s rights and constitutional protections. Many of the police were restricted and were â€Å"handcuffed† and could not do much in order for people to have their rights. The bond between the police and minorities were quickly detached, causing racial issues and total chaos. Lyndon B. Johnson established The National Advisory Commission on Civil DisordersRead MoreThe United State Of America Constitution1523 Words   |  7 Pagesdemocracy and a state of mind of allowing people to have more power over their government. They wanted to create an establishment in where people can live by democracy and the government did not execute extreme power like Europe did back in the early 1700’s. The three branches that existed consisted of the Legislative branch, consisting of Congress, Senate, and the house of representatives. Executive, which consists of the President, Vi ce President, and the Cabinet. Lastly, the Judicial branch which nineRead MoreFinancial Contingency Planning1732 Words   |  7 Pagesby the Supreme Court was to reduce the prison population, they gave California two years to do this (Henrichson,  2012). Revenue is big for state prisons; most states rely on taxpayers to foot the bill. Around the mid 1980s is when prisons were financed by the pay as you go method and bonds there were $9.6 billion in construction costs. In the late 1990s the expenditures were up to $22 billion dollars, this was over half the debt it cost to finance prisons. The general obligation bond was anotherRead MoreThe Legalization Of Gay Marriage1638 Words   |  7 Pagesdeprived them of the same protections and responsibilities that traditional marriages were guaranteed. Fortunately the Supreme Court made a historic ruling on June 26, 2015, that grants same sex couples an equal right to marry nationwide and creates a philosophical swing in law and our public attitude. The ruling has already created the most important yet contentious new constitutional liberty in more than a generation. This decision will forever alters our nation’s history and will rework the way societyRead MoreIntroduction. Prior T o The Ruling Of Roe V. Wade, The Issue1363 Words   |  6 Pagesreceive an abortion. The arguing side representing the state disagreed; stating the life of the fetus is more pressing than that of the mother. The Supreme Court held that anti-abortion laws were unconstitutional against the 14th Amendment Equal Protection Clause and Due Process Clause, leading to the nationwide legalization of abortion. Although the court decision technically made abortion legal, state laws along with Congressional action restricted the newly established abortion right. Although manyRead MoreThe Supreme Court Case Loving V. Virginia1609 Words   |  7 Pagesone of 17 states, including Texas and Alabama, that had laws prohibiting interracial marriage (Wolfe). The Supreme Court Case Loving v. Virginia is an important of part of American history that has had a huge impact on racial equality and has helped change the definition of marriage in the United States forever. After their arrest, Richard was released after only one night with a $1000 bond. Mildred was released a few days later into the care of her father. In the trial in October 1958, they pleadedRead MoreThe Controversial Issue Of Homosexuality992 Words   |  4 Pagestheir own personal opinions and have taken sides either to support or to oppose the issue. Homosexuality throughout the years has sparked so much controversy that it was brought to the United States Supreme Court, which is known to be the highest court in America. It is up to the justices of the court to determine how states and society will view and treat homosexuals. Especially considering gay marriage, whether individuals will support or oppose same sex marriage. However, before same-sex marriage