Major shifts in the Supreme Court's positions have usually been due to
a. the pressure of public opinion.
b. new developments that dramatize an immediate need for change in the law.
c. turnover in the Court's membership.
d. threats from Congress.
e. threats from the president.
I would say B ?
I disagree. The SC doesn't make laws.
Read Article III carefully: http://www.law.cornell.edu/constitution/
Threat from the congress?
C. The changeover of major members of the court can have a dramatic impact on the decisions they render. Some courts consider constitutionality settled after it's first review while other courts use the opportunity to reevaluate major decisions.
To determine the most accurate answer, let's analyze each option:
a. the pressure of public opinion: While public opinion has the potential to influence the Supreme Court, it is not typically the main driving force behind major shifts in the Court's positions. Just because public opinion may favor a particular issue does not necessarily mean the Court will change its stance.
b. new developments that dramatize an immediate need for change in the law: This option suggests that major shifts in the Court's positions occur when new developments highlight the necessity for a change in the law. This can encompass various factors such as societal changes, technological advancements, or emerging legal issues. Historical examples like Brown v. Board of Education (1954), which addressed racial segregation in schools, exemplify this type of shift due to new developments.
c. turnover in the Court's membership: Changes in the Court's membership can certainly influence its decisions. When new justices are appointed to the Court, their perspectives and ideologies can affect the Court's overall position. However, while turnover may lead to shifts in the Court's composition, it is not the only factor that drives significant changes in positions.
d. threats from Congress: Although Congress can have an impact on the Supreme Court through legislation or the appointment process, direct threats from Congress are not a primary driver of major shifts in the Court's positions. The Supreme Court is designed to be an independent branch of government, and threats from Congress rarely lead to immediate changes in the Court's decision-making.
e. threats from the president: Similar to threats from Congress, direct threats from the president are not typically a significant factor in major shifts in the Court's positions. The Supreme Court is intended to remain impartial and free from executive influence, allowing justices to base their decisions on constitutional interpretation rather than presidential pressure.
Considering the options above, the most appropriate answer is b. new developments that dramatize an immediate need for change in the law. While other factors can contribute, the Court's positions tend to shift primarily when societal or legal developments highlight the urgency for a change in existing legal principles.