POLI 310 Lecture Notes - Lecture 3: Antonin Scalia, Living Constitution, Judicial Independence
4 Oct 2015
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Checks and balances with the u. s government. A body neither force nor will must remain impartial and protect the constitution. U. s supreme court is made up of 9 justices. A case is brought before plaintiff and defendant. Four justices must decide is a case is worth hearing. Court has the last word lengthy controversy over a contentious issue that leaves a mark on public policy. President must nominate a supreme court judge confirmed by the senate. Build on previous judgments by the court, legal, constitutional traditions. Not suppose to be influenced by public opinion. Supreme court should ideally based each decisions by democratic principles. Constitution is not on level with legislative or executive. A law invalid to constitution is not allowed. Decisions forced us in following principle of human rights. Judges rescue themselves or take part at their direction. Choosing cases and timing verdicts national political mood. Court is bound to other institutions and public opinion.
