Daily News Article - September 6, 2005
1. Name the two Supreme Court justices to be replaced. For what reason is each justice being replaced?
2. Name the 3 branches of U.S. government and the purpose of each.
3. Consider the definitions of "activist judge" vs. "constitutionalist". Judicial activism is "the act of replacing an impartial interpretation of existing law with the judge's personal feelings about what the law should be" (wikipedia.org)
Which better fits with the purpose of the Judicial branch of government? Explain your answer.
4. Sen. Edward Kennedy (D-Mass.) says that since Judge Roberts is now being nominated for Chief Justice, "we should know even more about his record". As a nominee for Supreme Court justice, they already know his complete record. Remember, all of the justices are appointed for life, and the Chief Justice only has 1 of the 9 votes. What do you think is Sen. Kennedy's motive in asking for "even more" information?
(Note that Sen. Kennedy said in 1981, during the confirmation hearing for Sandra Day O'Connor: "It is offensive to suggest that a potential Justice of the Supreme Court must pass some presumed test of judicial philosophy. It is even more offensive to suggest that a potential justice must pass the litmus test of any single-issue interest group.")
5. Why might President Bush have passed over Justices Scalia and Thomas for Chief Justice? Do you think he made the right choice? Explain your answer.
6. Liberals say they are against Judge Roberts because he is viewed as a conservative and they believe he will make his court rulings based on his personal philosophies. Conservatives say they support Judge Roberts because he is a constitutionalist and will not make his court rulings based on his personal philosophies, but rather on what the constitution says. They support Constitutionalists Antonin Scalia and Clarence Thomas, whose strict interpretation of the Constitution has at times led them to make "liberal" rulings, not based on what they personally believed on the issue, but what they believed the Constitution said. This can be confusing, and boring to some of you, but it is important that you understand the issue in order to be a good citizen and an educated voter. Do you support constitutionalist or activist judges? Explain your answer.