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If the Court has the constitutional duty to decide whether
governmental action is constitutional, then it is reasonable
to conclude that it does not unfairly encroach upon state
democratic processes when it construes the Fourteenth
Amendment as requiring the state to act or to refrain from
acting. The Fourteenth Amendment does not mandate that
the Court narrowly construe the meaning of Due Process;
nor does it exempt state actions from Supreme Court
review. Furthermore, the framers of the Constitution
purposefully composed the document in broad and
sometimes ambiguous terms, thus allowing the Court the
flexibility to recognize implied rights and responsibilities.
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 Go Back to Question 7
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