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November 2005, Week 1

HP3000-L@RAVEN.UTC.EDU

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From:
Mark Wonsil <[log in to unmask]>
Reply To:
Mark Wonsil <[log in to unmask]>
Date:
Tue, 1 Nov 2005 11:21:57 -0500
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Micheal asks:
> What are the qualifications for a supreme Court judge and what is really
> the job of the Supreme Court?
> 
> Currently it looks like every president that has a chance appoints a judge
> that would rule the same way the president would like him to do.
> That means that GWB is in a good position because he can appoint 2 maybe
> more judges that share his view/vision.
> Then for the next 5-20 years we get these rulings and earlier rulings may
> be overturned.
> The next time we have a more democratic president and he gets "lucky"
> enough to appoint several judges, then things might change and be
> overturend again.
> 
> Now is this the sense/use of a Supreme Court?

The role of the Supreme Court changed in a landmark case called Marbury vs.
Madison:

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm

The concern with judicial review is that the Court becomes more powerful
than the legislative and executive branches and this can transform the
country from a constitutionally-limited republic to a judicial oligarchy.

Legislators have actually been writing laws in such a way that judges can
decide how they should be implemented. (The Americans with Disabilities Act
is a good example). This takes the legislators off the hook during election
time and all is good as long as you get "your kind of people" in the
judicial branch. 

The process eliminates that pesky democratic thingy but causes a lot of
political strife - in case you haven't noticed...

Mark W. 

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