Political matters

Moreover, this court is willing to get involved in political question cases because those are often the issues that need resolution. While we acknowledge our inability to effect social change with the stroke of a pen, we believe that we can set the tide in the right direction. It is inappropriate to leave constitutional questions to the political branches, this is the purpose of the judiciary (see john marshall in Marbury v. Madison). We put things in the constitution to insulate them from majoritarian will, our involvement in political matters, hopefully, ensures that those matters are protected and enforced.

Constitutional Law Outline

The Constitution does not generally apply to private entities or actors; there must be a state law passed or action through officers or agents of the state, which is adverse to the rights of the citizen seeking our adjudication. The Civil Rights Cases. COMEDOWN: While the state action doctrine may have serious costs: absent statutory restrictions, private conduct can infringe or trample even the most basic of rights, this court likes the state action doctrine because it preserves a zone of private autonomy and advances federalism.