正当程序革命/杨金强译(14)
The 14th Amendment was also modified after the Warren Court. The Revolution aftermath swayed the Supreme Court toward a strict Constructionist interpretation of laws and cases. The Warren Courts of ideals of judicial activism and the states ideals of judicial review were beginning to crumble under the new revisions of the Burger and Rehnquist courts. The Supreme Court today still follows this revised idea of constitutionalism, a perfect example being the current choice of the Supreme Court to choose Bush for president, not by a constitutional decision but based on the will and whim of the judges of the Supreme Court. Is this the way Due Process will continue, or will the future hold more change?
The Future of Due Process is unpredictable just as everything is, however many of the things that have reoccurred in history surely provide a key to how the future will be. Several cases that modify old ideas for modern times act as a key for what will happen in the future of Due Process. The ideals of Crime Control, the need to enforce the law, and Due Process, the need to protect the innocent, are a constant clash throughout history. The idea of crime control is rapidly rising and surely will in the future with higher-tech weapons and methods are developed, however the ideal of Due Process will not crumble, because they are necessary for the court system and society in general. The fight between political climate and supreme court is also and important factor in the future of due process. Politics rule the United States today, but do they rule the Supreme Court? In a way yes, the presidents choose who will be added to the Supreme Court, and different presidential parties would make different decisions, making the court different based on who is in office. This fact made big headlines with the recent presidential election being made by the Supreme Court and who Bush would choose to elect to the court. Was the courts election decision made based on who Bush vs. Gore would choose to put into the Supreme Court?
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