i need to know whether the supreme court is wither judicial or
political i need arguments for and against for each.

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Clarification of Question by delrond-ga on 01 Oct 2002 08:54 PDT

i need for and against argument

Hi,

The first quick answer, of course, is that it's both.  The other quick
answer is that it depends on whether you agree with the decision made
-- Al Gore supporters tended to find the 2000 decision on the
presidential election political, while George Bush supporters tended
to say that the court did a fine job of upholding the Constitution,
for example.

Here are some basic arguments:

Judicial -- The court places a strong emphasis on precedent according
to the doctrine of stare decisis, so past decisions are very, very
rarely overturned.  Justices frequently make decisions that go against
their personal viewpoints.  Justices are appointed for life, so they
are sheltered from political pressures.  Many of the issues decided by
the court aren't "political" questions, but rather ones of procedure. 
American culture and tradition as well as a sense of professionalism
encourage justices to be fair in their dealings.

Political -- The selection of justices is a highly political process.
Justices frequently recognize constitutional rights in accordance with
the mores of the day; it is difficult, for example, to imagine that
the court in 1900 would have recognized a woman's right to an
abortion, or that a court today would uphold the mass detention of
citizens based on ancestry.  Justices can't help but have personal
opinions on the issues of the day.  Justices frequently have
backgrounds as politicians or as advocates for one position or
another.  People are inherently political creatures, so it shouldn't
be surprising that many decisions are made in a political (although
usually secret) manner.

Here are some other resources you may find helpful.  (Search term
used: "supreme court")

Supreme Court -- A Brief History
http://usgovinfo.about.com/library/weekly/aa081400a.htm?terms=supreme+court

About Government: Judicial Branch
http://www.aboutgovernment.org/judicialbranch.htm

The Court and Constitutional Interpretation
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/www.supremecourtus.gov/about/constitutional.pdf

Best wishes in your studies,

mvguy

yeah very good got what i needed and i liked the use of other
references for further study. Thanks a lot you have helped me find out
about a subject i couldnt find out about on the net. I would tell
everyone to try this service. Good one Google.com and thanks mvguy.