If You Were A Supreme Court Justice...?

Question

I think that a lot of our justices today base their decisions on the wrong criterias...

So...If you were a Supreme Court Justice, what beliefs and principles would you hold to guide you in making decisions?

Answer 1

Entirely on the Constitution, but with the following in mind:

(1) Most judges today ignore the 9th and 10th amendment. The powers not EXPLICITLY granted the federal goernment are reserved for the states and the people respectively. So, for example, since abortion or what are oddly called "reproductive rights" are not mentioned in the US Constitution (and mentioning the 14th amendment when ruling on Roe v.Wade was a stretch), I would say that the state has the right to make laws forbidding or allowing abortion. The federal government simply has no role, just like they do not have a role in states passing laws about the death penalty.
(2) I would reject the "living constitution" bs many judges talk about. The living constitution theory of jurisprudence says it makes the constitution "flexible", in reality, it makes it very rigid by allowing judges to nullify the other two branches of the government. The constitution was designed to make the legislative branch, the one "closest to the people" the one which makes the laws. Then comes the president who ENFORCES those laws, and then comes the judiciary whose job is to INTREPRET those laws and to intrepret whether they are being enforced correctly. The judiciary isn't there to make new laws by simply talking about "living constitution" thwarting the will of the people.

Answer 2

I would try to render my decisions BETWEEN THE GAPS, like Benjamin Cardozo said. If I ever said anything like "None are more conscious of the vital limits on its judicial authority than are the members of this Court, and none stand more in admiration of the Constitution's design to leave the selection of the President to the people," I would MEAN what I was saying, rather than just hypocritically using it as rhetoric.

I would absolutely never say anything at all like "Our obligation is the define the liberty of all, not to mandate our own moral code," because that statement, too, is completely false and hypocritical.

Answer 3

As a judge,your not supposed to let your personal feeling and opinions influence your decisions.
Your decisions should be based on the law and the evidence presented as well as how the past courts have voted on a similar case historically,not the last case.

Answer 4

no human being receives wealthy on authorities salaries. many of the Supremes were in inner most practice earning a lot extra previously their appointments. That suggested, the perks of a life-lengthy appointment (perfect parking areas at airports, as an get mutually) are problematical to placed a cost on.

Answer 5

The Constitution says what it says, not what I might want it to say.

Answer 6

Pro-life, constitutional values, conservative values, and freedom.

Answer 7

that would be called the CONSTITUTION!