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Old 07-10-2018, 10:49 AM
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Default How should a justice vote?

It is a point often overlooked by the left--or, at least, glossed over--but I really cannot imagine a more important question, viz.:

Should a Supreme Court justice vote according to the results that he (or she) desires, or according to his (or her) understanding of the Constitution?

The problem with the former, I believe, is that it treats the SCOTUS as some form of superlegislature: Whatever liberals cannot accomplish through the Congress, they can probably get through judicial activism.

In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

Thoughts?
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Old 07-10-2018, 11:32 AM
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Default Re: How should a justice vote?

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Originally Posted by pjohns View Post
It is a point often overlooked by the left--or, at least, glossed over--but I really cannot imagine a more important question, viz.:

Should a Supreme Court justice vote according to the results that he (or she) desires, or according to his (or her) understanding of the Constitution?

The problem with the former, I believe, is that it treats the SCOTUS as some form of superlegislature: Whatever liberals cannot accomplish through the Congress, they can probably get through judicial activism.

In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

Thoughts?
That's my thoughts. The founders, quite possibly the greatest collection of political intelligence, intended for the government of the US to consist of three separate branches, each roughly equal in importance. With Congress further divided to represent the interests of both the state and the people. Over the years the branches have tended toward merging.

It bothers me that if you look at the recent SCOTUS pick threads not once do I remember any talk of how the choices would rule on Constitutional issues.

IMO SCOTUS is not about doing good, SCOTUS should be about being right on Constitutional issues. Nothing else.
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Old 07-10-2018, 12:01 PM
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Default Re: How should a justice vote?

This is my biggest issue with Sotomayor during her confirmation hearings. The issue of empathy was brought up. She then explained that she would bring "empathy" to the court in her judgements.

What I wanted someone to ask was, "Where in the Constitution does is say that we should employ empathy in regards whether or not a case before the court is Constitutional?" A SC jurist should not be considering empathy at all. Their decisions need to be only as they pertain to the Constitutional standards. The decision they have to make is either that the issue before them meets Constitutional requirements or it doesn't. PERIOD.

Unfortunately the left wants to use to court to enact legislation that they have not been able to pass through the normal process as they either have been or would be rejected by the voting public.
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Old 07-10-2018, 01:38 PM
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Default Re: How should a justice vote?

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Originally Posted by pjohns View Post
It is a point often overlooked by the left--or, at least, glossed over--but I really cannot imagine a more important question, viz.:

Should a Supreme Court justice vote according to the results that he (or she) desires, or according to his (or her) understanding of the Constitution?

The problem with the former, I believe, is that it treats the SCOTUS as some form of superlegislature: Whatever liberals cannot accomplish through the Congress, they can probably get through judicial activism.

In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

Thoughts?
The Supreme Court is the final judge in all cases involving laws of Congress, and the Constitution. However, its power is limited by the other two branches of government.
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Old 07-10-2018, 01:45 PM
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Default Re: How should a justice vote?

Obviously a Supreme Court justice should vote based on the Constitution and not base decisions on personal opinion or what is currently popular.
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Old 07-10-2018, 02:00 PM
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Default Re: How should a justice vote?

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Obviously a Supreme Court justice should vote based on the Constitution and not base decisions on personal opinion or what is currently popular.

I agree.....



And yet, some votes follow party lines....
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Old 07-10-2018, 02:47 PM
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Default Re: How should a justice vote?

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I agree.....



And yet, some votes follow party lines....
If the party line in question is Constitutional, there should be no problem ruling in favor of legislation that was passed by the Congress. It is when the legislation is in violation of the Constitution that we need the courts to be able to keep their partisan opinions out of their decisions. Unfortunately, that seems to not be the case with some.
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Old 07-10-2018, 03:32 PM
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Default Re: How should a justice vote?

The President can think and make decisions based on public policy motivations. He get elected every four years.

The Legislature can think and make legislations based on public policy motivations. They seek re-election every two years or six years.

These two branches of the government respond to the public will. Demonstrations outside congress and the White House are appropriate.

However, the SCOTUS should be a sanctum of Constitutional law influence only by the words and intent of the original construction of the compact. It I amendable but can never be malleable. Or it becomes no more a binding contract than a bill of sale with a handshake at a gravel car lot.

The SCOTUS should never see, much less respond or respect, a citizen demonstration on their doorstep. Any such action should be entirely ignored by the Justices in their deliberations. Sterile deliberations that should focus only on the law itself. No politics, gender, race or moral bias.
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Old 07-10-2018, 03:42 PM
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Default Re: How should a justice vote?

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Originally Posted by saltwn View Post
The Supreme Court is the final judge in all cases involving laws of Congress, and the Constitution. However, its power is limited by the other two branches of government.
No. The Supreme Court is limited only by the description of it in the Constitution. It is a Co-equal branch of a three legged stool, with no legislative powers. Period. The executive implements and manages what the Legislature approves. The legislature passes laws, taxes and regulations.

The Supreme Court, and Federal court system is beholden to the executive and legislative branches only for appointments of new members. It keeps the other two within the boundaries as established by the founding documents.
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Old 07-10-2018, 03:54 PM
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Default Re: How should a justice vote?

Quote:
Originally Posted by pjohns View Post
It is a point often overlooked by the left--or, at least, glossed over--but I really cannot imagine a more important question, viz.:

Should a Supreme Court justice vote according to the results that he (or she) desires, or according to his (or her) understanding of the Constitution?

The problem with the former, I believe, is that it treats the SCOTUS as some form of superlegislature: Whatever liberals cannot accomplish through the Congress, they can probably get through judicial activism.

In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

Thoughts?
What’s more important than “How should a justice vote” is, in IMO, should a President be allowed to appoint a Justice to the Supreme Court while he is a key figure in a criminal investigation?
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