The political landscape as we know it today has always allowed The President of the United States to select his own Supreme Court judge. However, should the Supreme Court Judge’s beliefs represent the traits or value systems of the President of United States? For example, President George Bush appointed both Clarence Thomas and David Souter, two contrasting personalities say the least. Nonetheless, Clarence Thomas was known for his boldness, committed to seeking out the original meaning of the Constitution, perhaps, similarities to President Bush prosecuted the Gulf War and how he stood behind Thomas controversial confirmation hearings (McGinnis, Flaherty, 1995).…
Provide a fully developed essay of at least 500 words, and cite sources used. Marbury versus Madison is considered the most important cases in the history of the Supreme Court. The case took place around from 1789 and lasted until 1803. The constitution called for three branches of the government: legislative, executive, and judiciary. Articles I and II covered legislative and executive.…
Like both Thomas and Scalia, Gorsuch is considered an ardent originalist, adhering to a strict and textual interpretation to the Constitution. Those who have read his opinions seem to attribute…
Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…
Some reasons for this ideology is that there are fewer margins for judges to allow their own personal beliefs to dictate a decision and it further supports the amendment process. The purpose of the amendment process is to allow changes to the document by an elected body of representatives as time continues. Thus, if society believes a change is needed, then it should be through the democratic way rather than decided by unelected officials. Supreme Court justice Antonin Scalia is a notable example of an originalist. In a fairly recent case, Obergefell v. Hodges, he argued that state bans on same-sex marriage were not unconstitutional nor did they violate the fourteenth amendment.…
According to Brennan, the originalist view demands that Justices decide exactly what the framers thought about the question under consideration and simply follow through with what they determined the framers intentions to be. However, he argues that from our vantage point, it is impossible to gauge accurately the intent of the founding fathers in addressing contemporary questions. After listing many of the constitutions amendments, Brennan claims, “To remain faithful to the content of the constitution, therefore, an approach to interpreting the text must account for the existence of these substantive value choices, and must accept the ambiguity inherent in the effort to apply them to modern circumstances.” Further, Brennan quotes predecessor Justice Robert Jackson in saying, “the burden of judicial interpretation is to translate ‘the majestic generalities of the Bill of Rights, conceived as part of the pattern of liberal government in the eighteenth century’” for the purpose of supporting the loose interpretation view more…
A New York State law created states all public schools were to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students acknowledged their dependence upon God. Engel vs. Vitale was a case brought to the attention of the Supreme Court by ten concerned parents by minors who attended a public school in New York City. At the beginning of a school day lesson the following prayer, consisting of 22 words, ‘Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.’, was recited due to the approval of the New York state board of regents (state board of education) in 1951.…
Since the constitution of the United Stats of America was written in 1787 it has long since been a topic of conversation as well as confrontation among politicians and political theorists alike. The ideals of James Madison and John Dewey regarding constitutional reform and democracy are just another example of this. These two men, both extremely influential in their own way, have conflicting views of liberty, democracy and largely the revision of the constitution and its consequences or lack there of. James Madison, Father of the U.S. Constitution, believed that constitutional revision should be infrequent. While John Dewey argues for change, while not specifically on constitutional revision but rather for “effective liberty” for the state of democracy as a whole, which ultimately relates to that of constitutional revision.…
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…
Upholding the balance is someone who doesn’t hold any bias towards any warding sides. Having an open mind is difficult to do for a lot of people. Most end up on one side of another and stay there with no compromise in their way of thinking. This line of thinking can lead to issues against the other party or group and led to tensions with each other. This kept groups or individuals from learning from the other side of the story and get caught up in their own agenda where it damage them later in life.…
The strongest part of the consensus argument of the court was that the constitution should be upheld the way the framers intended. Taney writes that, “No one … should induce the court to give to the words of the Constitution a more liberal construction in their favor than they were intended to bear when the instrument was framed and adopted” (20). He…
Because of the group’s disagreements, they came to write explanations for their position in essay. These essays came to be known as The Federalist Papers and The Anti-federalist Papers. The Federalist papers had a main reason to convey the interpretation to the new constitution. While the Anti-Federalist Papers was pleading those who still secured their rights to allow discussion over the same document. By reading them, we learn that the Anti-Federalist did not think the new Constitution accurately explained the rights of its…
The major points are the nature of sports and government interference. Justices began their objections by rejecting a false evidence of the majority. Meaning, now here is it written in the PGA Tour policy that golf must be classic or essential golf. Another important factor is why the PGA Tour cannot; promote a new game, with individual rules, like the American League that promotes a game of baseball, which the pitcher’s turn at the plate can be given to a designated hitter? Furthermore their main focus of the rule of law and the importance of creating clear legal rules is the difference of some of the more flexible methods other justices favored.…
Let us now consider the other side of the coin, the argument in favor of a dead Constitution. In 2008; Supreme Court Justice Clarence Thomas said at the Manhattan Institute, "Let me put it this way; there are really only two ways to interpret the Constitution -- try to discern as best we can what the framers intended or make it up. No matter how ingenious, imaginative or artfully put, unless interpretive methodologies are tied to the original intent of…