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 o

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 o
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.

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 o
堪萨斯五亨德里克斯提出了一个困难的选择上法庭.它可以接受的问题作出决定和美国公众的支持和宪法途径流浪.或者,它可以发出决定不容易被接受或遵守,但仍然忠实于对司法公正和公平的问题长期存在的美国原则.该决定的封闭性,与奥康纳的一票决定的结果,表明与该法院可能接触过这个问题的不确定性.在这种有争议的案件,法官不仅关心特定决定接受但法院也关注到整体效果,作为决定市民的宪政体制的尊重.如果在法庭上出示的“无原则”的决定,整体信念是否我们的政府是根据宪法的理想统治将被破坏,可能出现普遍的法院和政府机构的负面影响.n314因此一旦法官做出了决定,大多数人在被迫去证明它广泛的长度.n315法院面临同样困难的决定之前.在20世纪40年代,法院下令耶和华见证,谁是极其不得人心的时候,在公立学校致敬的旗帜.n316的决定明显违反耶和华见证会的子女的权利,自由[* 85]讲话和自由地行使自己的宗教,但它适合当时的民情.n317年后,大法官威廉道格拉斯说,他几乎立即决定表示遗憾,因为他意识到,他和其他人谁的多数决定没有充分保护证人的宪法第一修正案投了反对票.n318在三年内,该法院推翻其决定.