The issue of choosing a Supreme Court Justice
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document in English
constitutional law
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published 15/06/2008
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SummaryIntroduction
In recent years, the stability of the Supreme Court has been challenged as a direct result of changes in the specific members that comprise the Court. Up until 2006, specific patters of decision-making could clearly be delineated. However, the death of Chief Justice William Rehnquist and the resignation of Associate Judge Sandra Day O’Connor placed the court in a precarious situation. With both a conservative and a “swing” judge leaving the system, President Bush faced the challenge of rebuilding the character and stability of the court. The nominees he selected were conservatives, or constructionists, whose principle focus was to uphold the letter of the Constitution. Today, a similar situation faces the President. With one vacancy on the Supreme Court, the President must now select a formidable replacement. Although President Bush was consistent in his decision to appoint only constructionists to the bench, the current President must weight the advantages and disadvantages of appointing either a constructionist or a “swing” voter to the High Court. The decision made in this case will have notable ramifications for the US, as the country struggles to regain its political and economic influence. Given the gravity of this current situation, there is a clear impetus to examine the benefits and drawbacks of selecting a candidate with either type of background
In recent years, the stability of the Supreme Court has been challenged as a direct result of changes in the specific members that comprise the Court. Up until 2006, specific patters of decision-making could clearly be delineated. However, the death of Chief Justice William Rehnquist and the resignation of Associate Judge Sandra Day O’Connor placed the court in a precarious situation. With both a conservative and a “swing” judge leaving the system, President Bush faced the challenge of rebuilding the character and stability of the court. The nominees he selected were conservatives, or constructionists, whose principle focus was to uphold the letter of the Constitution. Today, a similar situation faces the President. With one vacancy on the Supreme Court, the President must now select a formidable replacement. Although President Bush was consistent in his decision to appoint only constructionists to the bench, the current President must weight the advantages and disadvantages of appointing either a constructionist or a “swing” voter to the High Court. The decision made in this case will have notable ramifications for the US, as the country struggles to regain its political and economic influence. Given the gravity of this current situation, there is a clear impetus to examine the benefits and drawbacks of selecting a candidate with either type of background
Table of Contents
- Introduction
- Constructionist Ideologies
- Examining Supreme Court cases over which Rehnquist has presided
- Not surprisingly, Rehnquist also provided a similar argument when it came to the violation of due process under the Fourteenth Amendment
- However, Senator Orrin Hatch in his examination of the specific duties of Supreme Court justices Hatch made the following argument
- Swing Voter Ideologies
- Constructionist or Swing Voter
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