Judicial Decision Making, New Legal Realism, and the Faltering U.S. Constitution
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The job of interpreting law in the U.S. is left to one branch: the judiciary. As such, pressures are placed on justices to be impartial when analyzing statute. Yet, the Constitution falls short of this goal as it does not account for the societal and cultural influences that justices are exposed to as simple human beings. These influences can have decidedly negative effects, in that bias impacts the nature of justice rendered. What are the extralegal factors that affect judicial decision making? This broad research topic requires an institutional inquiry into the judicial branch and its modern characteristics, a discussion on theories surrounding judicial decision making, and a critical analysis of the U.S. Constitution as it operates in today’s society.