Q7.Which of the following is a legitimate criticism of the argument by the Court in
Number Six above? (Choose the
best answer)
Joshua (and children like him) lacks the political power necessary to use
the democratic process to his advantage.
The citizens of the state have already acted to create a Due Process right
of state protection by forming state agencies to monitor and remedy
child abuse.
The Fourteenth Amendment provides an express limitation on state
powers.
The role of the Court is to decide the constitutionality of governmental
action, and when the Court recognizes fundamental rights--even rights
not explicitly mentioned in the constitution--it is not intruding upon
legislative action but acting within its own constitutional power.
Question 7
