hts needed in contemporary society. Secondly, critics argue that Marbury v. Madison is a weak grounds for the non-interpretive model. It is said that this decision revolved around a highly technical provision of the Constitution. Indeed, there is merit to this criticism, for the logic used by Marshall does not wholly justify the use of this case as the deciding factor in the outcome of Supreme Court cases involving constitutional interpretation. However, the 14th amendment and the due process clause further allow for such interpretation.Thirdly and most importantly, advocates of the interpretive model argue that the Supreme Court is not an unbiased institution and should not have the power to define the present values of American society. The outcomes of many Supreme Court cases have exhibited the biases of the judges deciding the case. Critics then ask the question, if the Court is also vulnerable to opinions and biases, why ought the Court to have the power to declare the limits of natural rights and set down national ideals? They argue that there is little reason why the legislative body should have this power. This is perhaps the most difficult of criticisms to the non-interpretive model. Because the Court contends with this difficulty in justification of many decisions, it has used poor legal history and unclear use of constitutional language to support cases that could be justified just as well with current moral and political notions. While this tendency of the Court is deplorable, the truth is inescapable that the cases allowing for many of our most basic rights cannot be justified simply by reference to the Constitution. Hence, the Court has invoked the generality of the Constitution to define and defend vested rights and general principles of democratic society. To conclude, without the ability to move beyond the explicit text of the Constitution, a great number of crucial decisions in U.S. history must be overtur...
