[DOWNLOAD] "Merit Selection: Choosing Judges Based on Their Politics Under the Veil of a Disarming Name (Twenty-Seventh Annual National Federalist Society Student Symposium)" by Harvard Journal of Law & Public Policy * eBook PDF Kindle ePub Free

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eBook details

• Title: Merit Selection: Choosing Judges Based on Their Politics Under the Veil of a Disarming Name (Twenty-Seventh Annual National Federalist Society Student Symposium)
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,Politics & Current Events,
• Pages : * pages
• Size : 72 KB

Description

Given the dispute in this country about the proper role of judges and how the people perceive what judges are doing, any sophisticated observer must conclude that judicial selection in the United States today is "political." (1) People, whether or not they are educated, sophisticated, or engaged in a legal career, are largely divided into two schools of thought about what judges ought to do. This dispute has at its heart one question: What is the proper scope of a judge's authority? There is a traditional approach to judging that is advanced by conservatives and judges in the Scalia and Bork model. According to this traditional approach, judges are to interpret constitutions and statutes by attempting to discern the original understanding of the drafters or ratifiers and judges are then to follow that original understanding. (2) There is very little latitude in this approach to judicial interpretation. The judge's role is important but constrained. (3)

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