Question

1. list and briefly explain the steps of the selection process for supreme court justices.

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1. name and describe the three kinds of opinions that may be written by the supreme court after a case is decided.

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1. write a detailed paragraph that compares the two schools of thought surrounding the supreme court’s power of judicial review. your paragraph should include the following:

• the name of each school of thought
• who generally supports each school of thought
• the main beliefs behind each school of thought

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Explanation:

Sub - question 1

1. Nomination: The President of the United States nominates an individual to fill a vacancy on the Supreme Court. The President considers factors like legal expertise, judicial philosophy, and political considerations.
2. Senate Judiciary Committee Hearing: The nominated individual appears before the Senate Judiciary Committee. The committee holds hearings to question the nominee on their legal views, past decisions (if they are a judge), and their fitness for the position.
3. Senate Judiciary Committee Vote: After the hearings, the Senate Judiciary Committee votes on whether to recommend the nominee to the full Senate. A majority vote in favor will send the nomination to the full Senate.
4. Full Senate Debate and Vote: The full Senate debates the nomination. Then, the Senate votes on confirming the nominee. A simple majority (51 votes, usually, though there are some procedural nuances) is required for confirmation. If confirmed, the nominee becomes a Supreme Court Justice.

1. Majority Opinion: This is written by a justice in the majority (the side with more than 50% of the justices' votes). It explains the legal reasoning behind the Court's decision, including the interpretation of laws, the Constitution, and how they apply to the case. It sets the precedent for future cases.
2. Concurring Opinion: A justice who agrees with the majority's decision but has different legal reasoning or additional points to make will write a concurring opinion. They support the outcome but may offer an alternative legal basis or additional insights.
3. Dissenting Opinion: A justice who disagrees with the majority's decision writes a dissenting opinion. It explains why they believe the majority's reasoning is incorrect, often offering an alternative interpretation of the law or Constitution and arguing for a different outcome in the case.

The two schools of thought regarding the Supreme Court's power of judicial review are Judicial Activism and Judicial Restraint.

• Judicial Activism:
• Supporters: Generally, those who believe that the Court should play an active role in shaping social and political policy, often including more liberal - leaning individuals and groups.
• Beliefs: Justices who support judicial activism believe that the Court should use its power of judicial review to strike down laws or government actions that they believe are inconsistent with the spirit of the Constitution, even if the text is not entirely clear. They argue that the Constitution is a living document that should be interpreted in light of modern values and societal needs.

• Judicial Restraint:
• Supporters: Generally, more conservative - leaning individuals and groups who believe in a more limited role for the judiciary.
• Beliefs: Justices who support judicial restraint believe that the Court should only strike down laws or government actions if they are clearly in violation of the text of the Constitution. They believe that the Court should defer to the decisions of the legislative and executive branches unless there is a clear constitutional violation, and that the Constitution should be interpreted in a more literal or originalist way.

Answer:

1. Nomination: President nominates a candidate.
2. Senate Judiciary Committee Hearing: Nominee testifies before the committee.
3. Senate Judiciary Committee Vote: Committee votes on recommending the nominee.
4. Full Senate Debate and Vote: Senate debates and votes on confirmation. If confirmed, the nominee becomes a Justice.

Sub - question 2