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英语翻译
Kansas v.Hendricks presented the Court with a difficult choice.It could issue a decision acceptable to and supported by the American public and stray from its constitutional pathway.Or,it could issue a decision not likely to be accepted or complied with but remain true to long-standing American principles on fairness and equity in judicial matters.The closeness of the decision,with O'Connor's one vote deciding the outcome,indicates the uncertainty with which the Court may have approached this matter.In such controversial cases,Justices are not only concerned with the acceptance of the particular decision but the Court
is also concerned with the effect of the decision on the public's respect for the constitutional system as a whole.If the Court produced an "unprincipled" decision,overall beliefs about whether our government is ruled by constitutional ideals would be damaged,with possible widespread negative effects for the courts and government in general.n314
Thus once the Justices made a decision,those in the majority were compelled to go to extensive lengths to justify it.n315
The Court has faced similar difficult decisions before.In the 1940s,the Court ordered Jehovah's Witnesses,who were exceedingly unpopular at the time,to salute the flag in public schools.n316 The decision clearly violated Jehovah's Witnesses' children's right to free [*85] speech and the free exercise of their religion,but it fit prevailing public feeling.n317 Years later,Justice William O.Douglas said he regretted the decision almost immediately because he realized he and the others who voted for the majority decision did not adequately protect the Witnesses' First Amendment rights.n318 Within three years,the Court reversed its decision.
Kansas v.Hendricks presented the Court with a difficult choice.It could issue a decision acceptable to and supported by the American public and stray from its constitutional pathway.Or,it could issue a decision not likely to be accepted or complied with but remain true to long-standing American principles on fairness and equity in judicial matters.The closeness of the decision,with O'Connor's one vote deciding the outcome,indicates the uncertainty with which the Court may have approached this matter.In such controversial cases,Justices are not only concerned with the acceptance of the particular decision but the Court
is also concerned with the effect of the decision on the public's respect for the constitutional system as a whole.If the Court produced an "unprincipled" decision,overall beliefs about whether our government is ruled by constitutional ideals would be damaged,with possible widespread negative effects for the courts and government in general.n314
Thus once the Justices made a decision,those in the majority were compelled to go to extensive lengths to justify it.n315
The Court has faced similar difficult decisions before.In the 1940s,the Court ordered Jehovah's Witnesses,who were exceedingly unpopular at the time,to salute the flag in public schools.n316 The decision clearly violated Jehovah's Witnesses' children's right to free [*85] speech and the free exercise of their religion,but it fit prevailing public feeling.n317 Years later,Justice William O.Douglas said he regretted the decision almost immediately because he realized he and the others who voted for the majority decision did not adequately protect the Witnesses' First Amendment rights.n318 Within three years,the Court reversed its decision.
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