Do you believe the supreme court is now making law or are they just adapting to change?



Best Answer:
The Supreme Court does not make law it near job to define the law.
UnConstitutionally making law. The Constitution incorporates a means of transmutation. It is called an 'amendment'.
Many times the Court is merely adapting the principles of the Constitution to contemporary situations which the ratifiers of the Constitution did not verbs. But sometimes the Court goes far beyond that function and makes new decree. I do not believe it appropriate to oversimplify what happens in the Court and to paint it black-and-white as if the Court is always right or as if it is other wrong.
The Constitution is loosely worded on many, many issues. Some people suggest that it's possible to be a "strict constructionist," but of course that's stupid. You MUST interpret the Constitution to use it as law.
I loved watching Senator Franken point out this week how Clarence Thomas is an activist judge. Thomas wrote an opinion within which he said part of the Voting Rights Act was unconstitutional because it was no longer important. Franken read the 15th Amendment aloud and noted that the word necessary didn't appear anywhere in there. So what precisely be Justice Thomas talking about? An act of Congress (most just this minute renewed by a 98-0 vote) is unconstitutional because it violates absolutely nothing written contained by the Constitution? Sounds like somebody was just trying to trademark policy from the bench. Clarence Thomas, your judicial activist of the week!