Legislative branch considered whether to try to expand the Supreme Court by adding 4 new seats to the Court

 

 

Recently the Legislative branch considered whether to try to expand the Supreme Court by adding 4 new seats to the Court to make 13 justices instead of 9 justices. The Constitution does not outline specifically how many justices must be appointed. Some have argued that this could “pack the court” with liberal justices. Others have argued that it might create a balance with the conservative-tipped bench presently in place.

Answer the following questions:

1) Are these two heads to the same coin, so to speak? Either way, what effects, if any, would this action, if taken, have on the long term requirements for the Supreme Court?

2) What are the pros and cons to expanding the Supreme Court, especially relating to its possible effects on judicial review? Give illustrative examples of what could happen.

3) Do you think this is merely a political move or a necessary move?

4) What are your thoughts on this issue? Is diversity an issue that should be considered?

5) Do you think the framers intended the Supreme Court to be expanded and or packed on one side or the other?

6) What can we learn from history about this? Has it ever happened before? If so, what was the net effect — and why?

 

1.Are ethical theories relevant for ethical leadership? Explain.

2. How should a police officer respond if the officer witnesses the unethical behavior of another officer?

 

Sample Solution

The two arguments you mentioned are essentially two sides of the same coin. If the Supreme Court is expanded to 13 justices, it is possible that the new justices will be appointed in such a way as to create a more liberal or conservative majority. This could have a significant impact on the long-term direction of the Court, as it would make it easier for one party or ideology to control the Court’s decisions.

There are a few other potential effects of expanding the Supreme Court. One is that it could lead to a more partisan Court, as each party would try to pack the Court with its own appointees. This could make it more difficult for the Court to reach consensus on important cases.

Another potential effect is that it could lead to a more politicized Court, as the justices would be more likely to rule based on their own political views rather than on the law. This could make the Court less respected and less effective in carrying out its constitutional duties.

  1. What are the pros and cons to expanding the Supreme Court, especially relating to its possible effects on judicial review? Give illustrative examples of what could happen.

There are a number of pros and cons to expanding the Supreme Court.

Pros:

  • It could help to make the Court more representative of the American people. Currently, the Supreme Court is disproportionately white and male. Expanding the Court could help to address this imbalance.
  • It could help to ensure that the Court is not controlled by one party or ideology. If the Court is expanded, it would be more difficult for one party to pack the Court with its own appointees.
  • It could help to make the Court more responsive to the needs of the people. If the Court is expanded, it would be easier for the justices to hear cases from all over the country and to consider a wider range of viewpoints.

Cons:

  • It could lead to a more partisan Court. If each party tries to pack the Court with its own appointees, it could make the Court more divided and less effective.
  • It could lead to a more politicized Court. If the justices are more likely to rule based on their own political views rather than on the law, it could make the Court less respected and less effective.
  • It could set a dangerous precedent. If the Supreme Court is expanded once, it could be expanded again in the future. This could lead to a situation where the Court is constantly being changed to reflect the political whims of the day.

Illustrative examples:

One illustrative example of the potential effects of expanding the Supreme Court is the case of Brown v. Board of Education (1954). In this case, the Supreme Court ruled that racial segregation in public schools was unconstitutional. This decision was controversial at the time, and it is likely that it would not have been possible if the Supreme Court had been expanded to 13 justices.

Another illustrative example is the case of Roe v. Wade (1973). In this case, the Supreme Court ruled that women have a constitutional right to have an abortion. This decision was also controversial, and it is likely that it would not have been possible if the Supreme Court had been expanded to 13 justices.

These are just two examples of the potential effects of expanding the Supreme Court. The actual effects would depend on a number of factors, including the political climate at the time and the way in which the justices are appointed.

  1. Do you think this is merely a political move or a necessary move?

Whether expanding the Supreme Court is a political move or a necessary move is a matter of opinion. Some people believe that it is necessary to expand the Court in order to make it more representative of the American people and to ensure that it is not controlled by one party or ideology. Others believe that expanding the Court is a purely political move that would only serve to further divide the country.

Ultimately, the decision of whether or not to expand the Supreme Court is a complex one that must be made on a case-by-case basis. There are no easy answers, and there are a number of factors to consider.

 

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