Is the US Supreme Court too political?
- Created by: e.r.123
- Created on: 16-06-21 21:33
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- Is the Supreme Court too political?
- No
- Justices are independent and are supposed to be politically neutral.
- Decisions are made on the basis of legal argument.
- Some justices do not reflect the stances of their president - e.g. David Souter
- Some justices do not consistently vote in the same way - e.g. Anthony Kennedy
- Many justices are strict constitutionalists, who practise judicial restraint.
- If the Constitution continues to be relevant, the Court must apply it to modern areas of public policy.
- Yes
- It is an unelected body but makes decisions on important matters of public policy.
- Justices are appointed by the president and confirmed by the Senate.
- Most justices reflect the political stance of the president who appointed them.
- Loose constitutionalist approach = court acts as a 'third house of legislature'
- Justices who believe in a living constitution use their position for judicial activism - making decisions that are best for a modern society.
- Bush v Gore (2000) - the Court ruled that a recount in Florida was unconstitutional - Bush became president as a result.
- No
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