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Oct 29, 2009 9:53 PM

Jurisprudence

Posted by DanLarsenCBS2

(n) the manner in which courts make decisions.  The science or philosophy of law.


What is the basis of Supreme Court decisions?  Ralph Lerner has described the Supreme Court as a "republican schoolmaster" whose responsibility it is to "transfer to the minds of the citizens the modes of thought lying behind legal language and the notions of right fundamental to the regime," (Ralph Lerner, "The Supreme Court as Republican Schoolmaster," in 1967 Supreme Court Review. Chicago:  University of Chicago Press, 1967, pp. 127-128. ).  Conservative justices tend to reserve their judgments to the original intent of the Framers, thus practicing judicial restraint.  Liberals opt for a more activist jurisprudence.  This approach recognizes the Constitution as a living document and whose spirit must be adapted to contemporary issues.   These varying views regarding jurisprudence make for interesting gamesmanship on today’s highest court.


Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected.”    Joseph Story


Today’s Supreme Court
Box Score

Chief Justice:

John Roberts                (G.W. Bush, 2005) CB

Associate Justices:

John Paul Stevens        (Ford, 1975) LB
Antonin Scalia               (Reagan, 1986) CB
Anthony M. Kennedy     (Reagan, 1988) CB – S
Clarence Thomas          (H.W. Bush, 1991) CB
Ruth Bader Ginsburg    (Clinton, 1993) LB
Stephen G. Breyer        (Clinton, 1994) LB
Samuel Alito                  (G.W. Bush, 2005) CB
Sonia Sotomayor          (Obama, 2009) LB

(President/Year Appointed) CB =Conservative Bloc, LB= Liberal Bloc,  S = Swinger (often determines majority)



“. . . nine little law firms.”     Justice Robert Jackson

 

Comments (10)

  • Nov-13 - A Nowak I believe that the justices must take the law and apply it to modern circumstances. They should not deviate from the law, and look at the personal opinion that people had. Just as Gillis stated, it...  Show Full Comment
  • Nov-8 - Nadelman The idea of Stare Decisis is necessary for our government and for the support of the people it governs. Without this principle, the justices would commonly be referred to as hypocrites since they w...  Show Full Comment
  • Nov-8 - mlyman

    I agree with Gillis. I think that she makes a point in saying that changing the precendent would not be adhering to the philosophy "justice is blind". I believe thatr activism incorpoates to...  Show Full Comment
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About the Authors

no image Dan Larsen and Andy Conneen are on a mission: To make you a better citizen--and maybe just a little bit smarter. Larsen and Conneen, a pair of high school civics instructors and political junkies, are really just 2 School Teachers with a passion for news and what it means to you. Join them as they discuss the story behind the story, right here at CBS 2, CBS2 School.

Do you have a question or comment for Andy and Dan? You can email the 2 School Teachers. And, watch their video blog archive.


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