| What Arguments are made that States the Supreme Court is Judicial in its Nature | -All Rulings are Referred to the US Constitution
-Justices expected to have Legal and Judicial Experience
-Court has Little Enforcement Power
-Only a Third of Cases are 5-4 Endings.
-Plenty of Examples where Justices have gone against their Ideological Stance
-Court Applies Legal Principles like Stare Decisis |
| What Arguments are Made that States the Supreme Court is Political in its Nature | -Rulings always have a Political Impact - affects Law
-Justices appointed via a Political Process
-Justices can be seen as Liberal and Conservative
-Court accepts Amicus Curiae Briefings from Politically Interested Groups
-Court will Chose to Hear Cases based on Political Climate and Public Opinion
-Some Cases directly Concern Politics (Bush vs Gore) |
| What does Living Constitution Mean? | -The USCON is an Evolutionary Document that changes via Reinterpretation by the Supreme Court
-Linked to Loose Constructionism |
| What does Originalism mean? | -The USCON is Fixed and shouldn't be Subject to Interpretation
-Linked to Strict Constructionism |
| Why is Interpreting the USCON so Crucial but Controversial? | -The USCON is over 200 Years Old and the Founding Fathers had no idea how the US would look like then
-For the USCON to stay Updated and Modern, it would need Constant Interpreted. To make the USCON make sense in the Modern Age
-However, it may lead to a shift away from the Founding Father's Ideals for the United States. |
| Why is the Citizens United vs FEC part of a Continued Argument with the Supreme Court? | -1976, 2003 and 2010 saw Debates on Firms, Electoral Finance, and Free Speech
-This is a case where the Court had to Intervene Regularly and make sure it is Updated to the Modern Age, even if it has Public Anger |
| What Arguments are made that state the USCON is/should be Living? | -Without Interpretation, the USCON would become Useless in the Modern World
-If the Supreme Court doesn't Interpret the USCON, Politically Biased Elected Branches will
-USCON dishes out the Underlying Principles of the US. To be upheld in a Changing World, it must be Interpreted
-If the Founding Fathers wanted to Stop the Intrepretations of the USCON, they would have been Specifics |
| What Arguments are made that state the USCON is/should be Original? | -USCON has an Amendment Process to allow its Changing Needs
-If the USCON can be changed by 9 Unelected Justices, the People have no way to hold them to Account
-The Supreme Court powers come from Previous Court Cases, not the USCON
-A Flexible Constitution can be Misinterpreted to lead to Political Ends rather than Protecting |
| How have the Rights of Minorities been impacted by US Supreme Court Judgements and Cases? | -Students for Fair Admissions Inc vs Harvard College 2023 had Reversed Affirmative Action to be seen as Unconstitutional
-Allen vs Milligan 2023 saw Racial Gerrymandering as impeding the Voting Rights Act
-Zarda vs Altitude Express 2020 and Bostock vs Clayton County have Expanded LGBTQ Rights from Discrimination |
| How have the Rights of Detainees been Impacted by US Supreme Court Judgements and Cases? | -2004, 2006 and 2008 all saw Court Cases concerning Access to Court by those held in Guantanamo Bay
-Because of the Consistent reports, and that the Bay was open still, the Courts Effectiveness has been quite Poor |
| How has Cruel and Unusual Punishments been Impacted by US Supreme Court Judgements and Cases? | -Bucklew vs Precythe had the Court upheld the Death Penalty usage and those Sentenced to Death doesn't warrant a Painless Death |
| Why can the Power of the Court be Questioned in a Negative Way? | -No Power of Initiation. It must have Cases brought to them from other Courts usually
-No Power of Enforcement. The Guantanamo Bay Cases clearly set this out
-Rulings overturned, though, this happened Once (16th)
-Seems to be Responsive to the Public and Selected Branches. Lack of Gun Control Cases was sort of due to the Controversey of the Topic. Amicus Briefs from the Public or Congress allows Influence from them. In Macdonald vs Chicago (2010) there was 309 Congressional Members signing Amicus Curie |
| Why can the Power of the Court be Questioned in a Positive Way? | -It's word is FINAL
-The Court chooses from 8000 Cases a Year. There is lots of Power on what it can hear or not
-Can Overrule the Elected Branches of Governments and States
-Also essentially Decided who was to be the 2000 President
-Supreme Court acts with little Accountability as Judges are there for Life and Impeachment is bound to Never Happen
-Created New Rights not Explicit in the USCON like Abortion and Same-Sex Marriage |
