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Discuss the role of law and politics in Supreme Court decision making. Which is more influential? Why?

  • history -

    What is YOUR opinion?

  • history -

    -Law:
    Original intent:
    Literalism
    Meaning of the words
    Logical reasoning
    Stare decisis
    Balancing approaches
    -Politics:
    Preference-based approaches
    Strategic approaches
    External factors
    Public opinion
    Political partisans
    Interest groups

  • history -

    Good list.

    Now, which do you think is most influential?

  • history -

    law because you cant change it so you have it follow it?

  • history -

    That's true, and I agree with you.

    But opponents will point out that Supreme Court judges are appointed by the president and are members of the same political party as the president. Therefore, they bring their previous philosophies (liberal or conservative) to the Court.

  • history -

    so they bring out their own opinion? yes I think politics would be more influential then. is there anything else that would back that up?

  • history -

    You could Google Supreme Court politics.

    I suspect the answer is somewhere in between politics and law as the most influential. The Justices are also chosen for their knowledge and wisdom. They use both, plus their own biases, in making their decisions.

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