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As we have seen, the first two branches of government are clearly, by design, very much beholden to public opinion. Yet the courts, particularly the federal courts, are quite different. The Constitution's Article III contains several attempts to shield the courts from public opinion. In a nation where public opinion is a powerful force in politics, there are good reasons to insulate the courts from public opinion. They need to be able to uphold the Constitution and protect the rights of minority groups (racial, ethnic, or simply people who have very different opinions from everyone else). At the same time, is it appropriate for the courts to disregard public opinion completely? Why or why not? What role, if any, should public opinion play in determining how courts decide cases?
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The first two branches of government public opinions are discussed.
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The primary job of the courts is to uphold the Constitution of the United States. They can evaluate laws passed by the various states and the national government to ensure that they don't violate the Constitution. They can also ...
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