Comparing Two Supreme Court Views

Improved Essays
Both Supreme Court justice argue in valid points. The world is changing and so does technology and the views of citizens. While making decision justice(s) must think about when was constitution written and how the world have change since then, if not it would be like watching black and white television today. So I support the Justice Breyer approach and court must be guided by the views of the citizens. Just a caution note I’m not trying to say we must ignore the constitution and do what we like but we must adopt with the changes as necessary.

I think it’s appropriate for Supreme Court to derive new fundamental right. Bill of rights doesn’t guarantee most of the right we have today. Think about 50 years ago someone saying I’m gay- he has no place to live in this society but today it is not a big deal, so does same sex marriage. Obviously, views of the people are changing and they are adopting with the changes. Just for example- who would ever thought to
…show more content…
In other words typically president appoint the qualified candidate whose views are aligned with president. Are they too powerful-it depend on individual views? Our political system have division of power between legislative, executive, and judiciary so they are not too powerful. In contrast, Supreme Court can overturn the law that is supported by legislative (congress) and executive (president) branch – in this sense they are too powerful. This power is necessary so states and congress follow the law and avoid them from being too powerful.

As noted earlier typically president appoint the qualified candidate for Supreme Court justice whose views are aligned with president. Supreme Court justice have lifetime term limit. Let’s assume that Hillary Clinton win this election and elect the liberal justice and majority of the justice as same views as justice Breyer. This makes court to be too powerful and may overturn the more conservative

Related Documents

  • Improved Essays

    Neil Gorsuch Case Study

    • 824 Words
    • 4 Pages

    Who is Judge Neil Gorsuch? He is currently forty-nine years old and a nominee for the Supreme Court of the United States. He has the typical high educational degree background any Supreme Court justice has. He attended and graduated from Columbia, Harvard, and Oxford. His religious background is a bit unusual, he grew up Roman Catholic and attended weekly mass with his siblings but now he attended an Episcopal Church.…

    • 824 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    I believe that these two justices’ jurisprudence, or philosophy of law, is shaped by their political ideologies. This is not to say, however, that I believe that the two justices’ political ideologies affect their ability to come to objective decisions since ultimately, their most important task is to remain impartial. The two SCOTUS justices are on the opposite ends of the ideological spectrum. In addition to their opposite ideologies, the pair has two completely different philosophies of law and therefore, vary in their methods of interpretation. Justice Breyer’s political alignment is more towards the liberal side of the court.…

    • 770 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Stenberg V Carhart 2000

    • 227 Words
    • 1 Pages

    Some of his landmark cases as a Supreme Court justice includes Bush v. Gore (2000), Stenberg v. Carhart (2000) and Glossip v. Gross (2015). Bush v. Gore (2000) was one of Breyer’s most emotional dissent because he made an unusual strong statement in his opinion regarding that the Court should not have been involved with this case (supremecourtreview.com). For a Supreme Court justice to say this is unusual because it is the Courts’ job to determine if illegal acts were committed that affects the Constitution. Breyer compared this case with the election of 1876 because some form of corruption in the election could have been committed (supremecourtreview.com). Most elections in the United States don’t have corruption.…

    • 227 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Breyer clearly believes that the Constitution should be interpreted in a way that positively affects what is happening in society now. Society has changed since the Constitution was created over 200 years ago .Breyer also stated that he uses six interpretive tools when examining a case —text, history, tradition, precedent, the purpose of a statute, and the consequences (Lithwick ). Breyer obviously wants to make sure that his decision in a case does not have results that negatively affect society.…

    • 1934 Words
    • 8 Pages
    Great Essays
  • Decent Essays

    In the short video about activist (Breyer) vs. originalist (Scalia), I learned about the empty bottle, the purpose and consequence, the constitution as the living document, and the decision on the problem. In my opinion, the activist is more liberal because the constitution depends on the nowadays situation. However, the originalist is more conservative since it wants to keep the point that was written by the author. On the purpose and the consequence, Scalia argued that all of the tools should be used in the constitution, and the purpose and consequences needed to be prioritized. Nevertheless, Scalia argued that the limitation was needed on the tools because no one wanted to take risk in the situation that they faced.…

    • 285 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Texas Three Branches

    • 1105 Words
    • 4 Pages

    Even though the President is the one who appoints the members of the Supreme Court, the members of the Supreme Court that the President has chosen must be approved by the Congress. This is how the Check and Balance works with one another and keep every branches at the same level as one another. No branch has more power than one another because they each have some sort of power to keep the others in…

    • 1105 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Lawrence V. Wade

    • 1313 Words
    • 6 Pages

    Amanda Black Exam Essays Fall Quarter 12/5/2007 Scalia explains his dissenting opinion to the overturning of Lawrence v. Texas by comparing the case to Roe v. Wade in three areas. He looks at stare decisis, fundamental rights, and legal moralism. There are three things that need to be proven before the court can overrule a decision in regards to stare decisis. 1) Its foundations have been eroded by subsequent decisions; 2) it has been subject to substantial and continuing criticism; 3) it has not induced individual or social reliance that counsels against overturning it.…

    • 1313 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    Federalist Alexander Hamilton regarded the Constitution as the fundamental law, which is superior to any state statute, and as a limited Constitution. In Federalist Paper Number 78, Hamilton argues that the Supreme Court should have the authority to invalidate acts of Congress that are deemed unconstitutional, and that if there is a variance between the Constitution and a law passed by Congress, federal courts have the responsibility to follow the Constitution. Paper Number 78, having been cited in thirty-seven Supreme Court opinions as of April 2007, has had an immense influence on the debate regarding the interpretation and application of the Constitution (Coenen). Supreme Court Justice Antonin Scalia is an advocate of textualism, arguing that the meaning of the Constitution lies in the words of the document, and that the Constitution should be regarded in favor of its “original meaning”. Justice Stephen…

    • 1154 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Selective Incorporation

    • 1029 Words
    • 5 Pages

    While the ideal example of a democracy places the decisions of government in citizen’s hands, the United States rarely does as such. For example, the Supreme Court, while influenced by public approval and public opinion, isolates itself from the media and public in two specific ways. Its Justices, appointed by the president, are indirect methods for people to get what they want from the highest branch of the Judiciary Branch. Similar to the method and processes used to elect a president through the Electoral College, the Supreme Court works in a way that places the power of the government in educated individuals’ hands as opposed to the direct power of votes in an election for a state governor. It indirectly allows people to influence Court…

    • 1029 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Minimum Wage Propositions

    • 675 Words
    • 3 Pages

    In the upcoming year of 2017 there has been numerous changes that will take effect immediately. Americans took the challenge of voting for a new President of the United states, and to vote for or against a great deal of propositions. Plenty of voters do not research a proposition but only believe what they read or see on television. The organizers of propositions only focus on making sure that the voter believes and trust what they say. Even though some propositions are an excellent proposal not all of them are a convenient choice.…

    • 675 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Constitution of the United States is best understood as the product of a balancing act between the Founders’ desire to avoid a tyranny and their recognition of the need to form a strong government that would ensure national stability and prosperity. The Appointments Clause of the Constitution fits within this framework nicely. Article II, Section 2, Clause II of the Constitution states that “the President…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the supreme Court.” The clause establishes a clear division of power between the executive and legislative branches in nominating and confirming Supreme Court Justices.…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The confirmation battles over recently nominated justices certainly suggest that many people view the justices’ personal politics as an important factor in judicial decision-making. But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a justice’s political preferences from his or her…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    No two minds are alike and therefore, everyone has different viewpoints and ideas. Of course, this might end in those engaged in this debate assailing each other, however, it is important to understand every argument. In this case, both sides propose good arguments as to why Supreme Court judges should either be appointed or elected. This is why I believe our judiciary system should incorporate the election process into this branch. This does not mean that we should purely rely on the general public to select someone to serve, but let the people’s votes have some power against the president and senate as to who they think should hold office.…

    • 2056 Words
    • 9 Pages
    Superior Essays
  • Superior Essays

    Pewresearch.com took a survey on Republicans, Democrats, and Independents on whether the U.S. Supreme Court should base rulings as they are meant today or as they were originally written. Most Republicans said that the U.S. Supreme Court should base rulings as they were originally written (69% to 29%). On the other hand, Democrats (70% to 26%) and Independents (48% to 47%) said that the court rulings today should be based on what the U.S. Constitution means in current times. In total 49% of the people that were surveyed, said that the Supreme Court should base rulings on today’s meaning of it. 46% of people surveyed said that they should rule court cases by how the U.S. Constitution was originally written.…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    The President is given the task by the Constitution to “appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States [except those whose positions are not otherwise already provided for in the Constitution. And] Congress may by Law vest the Appointment of such inferior Officers…in the President alone” (Constitution). When a Supreme Court Justice dies, the acting President has to nominate someone to fill the position and then Congress has to meet and vote to approve this nominee. In February 2016, Justice Anton Scalia died unexpectedly, and President Obama nominated Merrick Garland to take his place. Congress has yet to meet to approve or not to approve this nomination and this has led to many debates across the country, as to weather or not Congress has the right to hold off meeting until after the election of the new president.…

    • 295 Words
    • 2 Pages
    Decent Essays