Given these facts the court felt that the recount

This preview shows page 4 - 5 out of 5 pages.

counted by hand and vice-versa. Given these facts the Court felt that the recount gave unequal weight to some votes and failed to protect others. The Court decided that this was absolutely unacceptable and called for an immediate end to the recount. To say that a different methodology, or a different way of thinking could have changed the outcome of this case is a tremendous understatement. Far be it from me to question the Court, but it seems to me that even using their reasoning they should have come to a different conclusion. If the Court was so worried about equally protecting the rights of every voter, how can they possibly justify just ignoring 9000 votes? The Court just flat out denied 9000 people their constitutional right to vote because, and I quote, “Upon due consideration of the difficulties identified to this point, it is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” They literally just said it wouldn’t be impossible to have justice, just too hard. How can any amount of work be too much to ensure constitutional justice? That is to say nothing of the unprecedented display of judicial power seen in this case. Not only did they choose to erase 9000 votes, they in effect chose the next president of the United States. I would hate to say that a conservative court chose to ignore their constitutional duty in order to put a conservative president in power, but that is exactly what happened. The question after reviewing these two cases, is can the Supreme Court truly abstain from judicial activism? In Roe we have the expansion of an already hazy right to privacy, but is it a right that we are constitutionally entitled to, or just one we desire? In Bush v. Gore we have what appears to be a use of Judicial power to fulfill a political end. Judicial activism seems necessary for the constitution to remain relevant in an ever changing world, but is antithesis to the document itself and its creators? It seems to come down to if the judicial activism lines up with your political views. If you agree with the decision then of course the constitution supports it, and if you disagree, then the Court is a bunch of filthy activists rewriting the constitution. Regardless, it appears as though judicial activism has become
Image of page 4

Subscribe to view the full document.

more and more prevalent and shows no signs of disappearing.
Image of page 5
You've reached the end of this preview.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern