The Supreme Court as a Political Entity

2323 WordsApr 1, 200810 Pages
While I accept that theoretically a judge should not consider extralegal factors when making a ruling, I cannot accept your premise that all judges rule as neutral arbiters who rely solely on precedent, Constitutional text, and original intent of the Framers. As with any other individual in public service, judges are still human beings, and thus bring with them their own prejudices, personal biases, and preconceived notions when taking the bench. This is not to say that they do not have the intent to try to rule neutrally, or that the oath of office taken is cast by the wayside like refuse. Rather, I purport that the very process under which they have risen to be considered for the bench is a political one, and indeed makes them a part…show more content…
In such cases, using literalism can clearly present a problem. A third idea, an approach that considers the meaning-of-the-words, tries to look only at the words in the Constitution, and no further, to interpret. This still faces the criticisms leveled at literalism of imprecise language, and those aimed toward originalism, which does not allow growth in the document. Some justices advocate using logical reasoning, creating logic-based syllogisms to draw a conclusion from a major and minor premise assumed true. The problem with such an approach stems from the possibility that one of the premises is incorrect, and if such is the case then the conclusion will be similarly flawed. Furthermore, the Constitution is not the result of one perspective or intent but of many, and the fact that there are more sources than just the Constitution to be considered (for example, the Federalist papers) means that it contradicting opinions can be located. These contradictions make relying solely on textual interpretation is problematic. It is easy to see that the legal factors involved are themselves not perfect. Since the Court is made up of human beings who are similarly imperfect, it is not implausible to suppose that the Court likewise
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