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Word Count: 555
The debate over the role of the judiciary in the government has been going on for a long time Some say that the Supreme Court has overstepped the boundaries that it is to operate by while others believe that much of the Constitution was written in such a way that it needs to be interpreted according to the situations that have arisen in todays society These two opposing viewpoints are demonstrated by Robert Bork and Justice William Brennan Robert Bork believes that the original intent of the Constitution should guide judges not social or political considerations He says that judges have interpreted laws not by principles that are in the Constitution but by those that do not exist They claim the power to strike down statutes yet they make little or no attempt to justify or describe the source of that power Also the judges have not stated what principles if any limit their power Bork concludes that since elites change over time judicial activism has no single political trajectory over time He also reasons that sometimes when the values change since elites change the decisions that are rendered directly contradict those of a prior era Robert Borks main point is that judges who insert new principles into the Constitution only describe their origins in a rhetorical never analytical style In summation the Supreme Court should apply laws not create them William Brennan believed in loose interpretation of the Constitution He stated that since the provisions were written years ago we must accept the ambiguity that comes with trying to apply them to today The Framers did not even agree on the meaning of certain provisions and judges today would be lying if they said that they could honestly make decisions on contemporary questions while trying to decide the original intent of the Framers He concluded that interpreting the provisions for todays society must only be to serve the public good taking into account the
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