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Paper #102153 :: The Loose Constructionist View of Archibald Cox
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An analysis of Archibald Cox's book "The Constitution and the Courts".

Written in 2008; 890 words; 3 sources; APA; $ 31.95

Paper Summary:

This paper examines Archibald Cox's views regarding justices and the judicial branch of US government in his book "The Constitution and the Courts". The paper relates that justices in the American court system are chosen to reflect and interpret the laws and values of the constitution. The paper then looks at how Archibald Cox weighs in on this role as it affects the actual realization of the values of the Constitution, taking a particularly liberal stance in his consideration of the Supreme Court as the central forum for discourse thereto. The paper notes that although Cox proceeds in his argument by recognizing the importance of a justice separating his biases from the responsibility of interpreting the law of the land, Cox's preeminent view is that effective justices are those who actively pursue a reconciliation of the failures in other branches in order to honor the commitments of our founding doctrine. The paper concludes that Cox's text is a good blueprint for bringing into a constitutional law discussion the pragmatism that justices must use in deciding when to act and when to interpret.

From the Paper:

"He admits that there are dangers of politicization if poor appointments are made, but Cox's primary concern is in maintaining the long reach of the court toward social good, noting that "we...have to admit that sometimes the Court does impose constitutional interpretations supported only by the notions of justice shared by a majority of Justices. (Cox)" (Sargent, 8/04) His text, herein, warrants some criticism for exposing his biases as a liberal. While he is complimentary toward so-called activist judges who work in contest of the other two branches for improved definition of the laws, he makes this nod only to liberal justices, implying that those who are driven similarly toward definitions that tend to be more conservative are negative examples of the risks in justices taking action through precedent setting."

Tags: judicial system, Supreme Court, justice judge

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