J Thomas is the second African- American to sit on the bench, he is known to the public for his lack of interest to participate in oral arguments. Thomas has voted often with Justice Antonio Scalia and Justice Williams Rehnquist, which all three Justice led in conservative views. (Sunnivie Brydum, Advocate, 2015) He has not asked any questions or made any comments since 2006, while other Justice give their opinions on issues and comments on others. (Oyez). However, just because the Justice remains silent does not mean that he is just there to be there, he listens to what the other Justice viewpoints and opinions are, and shows how he feels about them through his conservative actions. It is very known that other African-American politicians …show more content…
constitution. During his time on the Supreme Court bench he has rejected the moves towards build-up, he believes that focus should be on the actual meaning of the Constitution and not just want the court says it means due to past cases. Most if not all of the Justices opinions are based off originality, and public meaning this approach seeking to explain the original constitutional text. (Conwell Law). “I have said in my opinions that when interpreting the Constitution, judges should seek the original understanding of the provision’s text, if that text’s meaning is not readily apparent”. (Stanford Encyclopedia of Philosophy, May 2001) Therefore, in deciding cases Thomas turns towards documents that identify that original duties of framers and the what gives the original understanding for public meaning in the constitution. Some say that Thomas original approach limits his demand for his opinion and involvement; due to most cases citing past cases and using those to interpret the Constitution. Clarence approach and views are full of The Federalist, Anti-Federalist, and The Documentary History of the Ratification of the Constitution all in one into his opinion. (Ralph …show more content…
Supreme Court, there are many examples that shows his true beliefs towards the use of the original meaning of the Constitution. His dissent in Gonzales v. Raich (2005), he voted to hold California’s medical marijuana laws. Also his opinion towards Hillside Dairy V. Lyons (2003) upholding economic protection, rather than siding with free market. (Conwell Law). Another opinion that he bestowed his conservative values was through Federal Communications Commission V. Fox (2009) that the protection under the First Amendment should cover Broadcast Speech, and his view on Anti-abortion. Clarence also comes with opinion towards criminal defendants, in Van Orden V. Perry (2005), Thomas He called for a “return to the views of the Framers,” and argued for the adoption of physical coercion “as the touchstone for our Establishment Clause inquiry.” (FindLaw) However, with all of his opinion is sticks around the facts of his original approach, but it also shares the opinions of his other conservative bench members.
When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.
The text also alluded to previous court cases, such as Marshall vs. Court and the National Back, where Congress was declared to having unconstitutional implementations, that were based on a loose structure. Summary Context and Point of View The Court had
Correspondingly, James Oliphant composed "Tipping the Scales" which canvasses John Roberts role as Chief Justice. The primary purpose of Oliphant 's article is to examine how Chief Justice John Roberts ' interpretation of the Constitution, philosophical altercations between his Midwestern pragmatism and conservative radicalism, and recent climatic political behaviors is setting him on course to
Edwin Meese III held quite a different view as compared to that of William Brennan. Meese held the opinion of strictly following exactly what is stated in the Constitution of the United States, otherwise known as fidelity. In his essay he focuses on fidelity often. Edwin Meese portrays his belief in his essay as he quoted Justice Joseph Story, “The First and fundamental rule in the interpretation of all instruments is, to construe them according to the sense of the terms, and the intention of the parties.” (Meese).
Brennan believed that all important reading such as the Constitution require the reader to go much more in depth rather than to just scratch the surface of the text. He believed in viewing the Constitution with human dignity in mind. Human dignity is in a sense what the Constitution is composed of. The Founding Fathers did not wish for anything other than the respect of human dignity in this country.
We value the Constitution because it is the document which has governed our country for over 200 years. In it we find principles, ideals and laws that have guided our society and our government. Specifically, the duty of the judicial branch includes interpreting laws based on what the Constitution says. Today, there is debate about the way in which the Court should interpret the Constitution. Edwin Meese and William Brennan are two leaders with differing views concerning the role of the Constitution in government today.
Justice Hugo Black was a United States senator for 10 years and served one of the longest terms in Supreme Court history with thirty four years and one month in the court. As a senator, he was a strong supporter of President’s Roosevelt’s New Deal reformation, therefore leading to his nomination to the Supreme Court in 1937. Justice Black’s rise to the Supreme Court was met with outrage and controversy from the public and the media due to his previous affiliation with the Ku Klux Klan and consequently tainted his reputation nearly costing him his seat in the Supreme Court. However, he was also an advocate for rights of racial equality and a defender of the constitutional rights of the accused. His literal interpretation of the Constitution
Prior to the reading of both essays of Supreme Court Justice William Brennan and Attorney General Edwin Meese my personal opinion was to interpret the constitution as best fitting for the current situation, whatever that may be. Post reading that opinion that I held changed. After reading these essays I realized that it is more important to stick as closely to what the framers of the constitution meant as possible. As stated in Meese’s essay, “Any true approach to constitutional interpretation must respect the document in all its parts and be faithful to the Constitution in its entirety.
For example, in Ritchie v. People (1895), the Illinois Supreme Court rejected the eight-hour provision from the Law of 1893, because it violated the Fourteenth Amendment by depriving women of freedom of contract, which is derived from the due process clause (A14.1). The decision rooted from the larger political battle occuring at the time- most wealthy businesses and political leaders did not support protective laws - which led to a display of false paternity/equality by the justices. In dismay, Florence Kelley rejected that the Fourteenth Amendment could be used in such a manner, and said, “The measure to guarantee the Negro freedom from oppression has become an insuperable obstacle to the protection of women and children” (W15). In the campaign for protective rights for laborers, the ruling from Ritchie v. People marked a defeat, but not an end. In 1908, Kelley, and the NCL, sought redemption through the case of Muller v. Oregon (case description), and picked an attorney, Louis Brandeis, who “seemed like a champion to fight her battle in court” (W26).
Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
United States v. Virginia: Equal Protection Nathan O’Hara Liberty High School 4A United States v. Virginia is an equal rights case that argued whether it was constitutional for Virginia Military Institute (VMI) to deny women the opportunity to attend the all male Institute purely because of their genders (U.S. v. Virginia, 1996). Virginia was accused of violating the 14th Amendment’s Equal Protection Clause and trying to make an all female institution as a substitute for not accepting women (U.S. v. Virginia, 1996). In response Virginia created the Virginia Women’s Institute for Leadership (VWIL) as a female alternative located at the already all female Mary Baldwin College (Chicago-Kent College of Law, 2015b).
Justice William Brennan and Attorney General Edwin Meese held different views on the interpretation of the Constitution when it came to ruling in a case. Brennan held the view that judicial review should be done constitutionally, but to keep human dignity in mind when ruling in a case. Brennan makes his opinion on the matter known saying, “The Declaration of Independence, the Constitution and the Bill of Rights solemnly committed the United States to be a country where the dignity and rights of all persons were equal before all authority.” (Brennan). Unlike Brennan, Meese believed in sticking strictly to what the constitution stated for most matters.
Clarence Thomas was born on June 23, 1948, in Pin Point, Georgia. His father left his family when he was young. That, and other issues as the years passed led his family into money problems. Clarence and his brother were sent to live with their grandfather and step-grandmother. His grandfather had a major influence on his religious beliefs.
He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.
Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is