1. Why are precedents important to make decisions in the courts?
Precedents insure that people in similar situations are treated alike instead of based on
particular judge’s personal views.
2. What is judicial activism and judicial restraint?
Judicial activism is the belief that the judges own beliefs and opinions should factor into
deciding the outcome of cases. While Judicial Restraint believes the opposite that judges beliefs
and ethics should not take a role in reaching decisions.
3, What is the originalism theory?
This is a theory of interpreting legal texts holding that a text in law, especially the U.S.
Constitution, should be interpreted as it was understood at the time of its adoption.
4.What is the living constitution theory?
This is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is
not formally amended.
5. Which of the two theories do you believe is correct?
I feel like the living constitution theory Is the only correct one because time changes and we
should treat it as that way people’s minds and bodies change and threats change as well.
6.. If you were a judge, would you stick strictly to the words of the constitution (be an
"originalist") or would you be willing to read the constitution with today's circumstances? (see
these video videos. Justice Sonia Sotomayor that the constitution is a living document while
deceased Judge Scalia believes that we should stick with the founding fathers' words)
I would be willing to read the constitution with today’s circumstances.
7. An important presumption is that the United States is a government of laws, not people.
However, it is alleged that the Supreme Court is heavily influenced by the personal beliefs of its
justices. If justices do act in partisan positions, should this be permitted, why? If not, what can
the public do to reduce partisanship on the Court?
I feel like justices should have personal beliefs but they must look at facts first and then bring
personal beliefs into the matter make wise conclusions instead of just going off belief.
8 If you were a judge, would you vote by beliefs or by the facts of the case?
I would judge by looking at the facts first then judging based on what I think is right based on
the facts provided.
