Question

Read the following paragraph from a book review:

In his book Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law, David Cole claims that ordinary citizens, not judges, are the real force behind changing interpretations of what is and isn’t constitutional. I believe this viewpoint is naïve and misleading. Although public opinion does influence legal decisions, meaningful change only occurs in the courtroom. For example, a majority of Americans favored legalizing same-sex marriage for many years. But the Supreme Court did not rule it was constitutional because it was popular. It made it constitutional only because numerous states had passed laws and fought lower court battles over the practice.

The topic of this paragraph is “I believe this viewpoint is naïve and misleading.” What part of the passage provides evidentiary support?


In his book Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law, David Cole claims that ordinary citizens, not judges, are the real force behind changing interpretations of what is and isn’t constitutional.


Although public opinion does influence legal decisions, meaningful change only occurs in the courtroom.


For example, a majority of Americans favored legalizing same-sex marriage for many years.


But the Supreme Court did not rule it was constitutional because it was popular. It made it constitutional only because numerous states had passed laws and fought lower court battles over the practice.

Answer 1

"But the Supreme Court did not rule it was constitutional because it was popular. It made it constitutional only because numerous states had passed laws and fought lower court battles over the practice."

This sentence gives concrete evidence (the role of state laws and litigation) supporting the claim that courtroom action, not mere public opinion, produced constitutional change.