Threat to democracy: Justice Kagan thinks SCOTUS should be beholden to "public sentiment"

What you of the mindless left don't grasp is the concept of separation of duties.

The House is the voice of the people. The Senate was to be the voice of the state. The President the executive, and the courts the arbiters of the black letter law.

The courts are not to be guided by popular whim. This is why the court is a lifetime appointment where the house is two years - so the people have control of the house. The senate has been corrupted and serves no purpose now.
For as long as this is a government "by the people and for the people", the opinion of the public matters in all branches of government.

According to your view, only the house is obligated to respect the people - all other branches are dictatorships. You are wrong.
 
For as long as this is a government "by the people and for the people", the opinion of the public matters in all branches of government.

According to your view, only the house is obligated to respect the people - all other branches are dictatorships. You are wrong.
If the Supreme Court is to function as intended, the "opinion of the public" doesn't mean shit.
 
Any SCOTUS Justice who believes in mob rule needs to go.

Does anyone here think public opinion should influence SCOTUS decisions?


What you posted & what she said are different.
This what Kagan said: "... if over time the court loses all connection with the public and with public sentiment, that’s a dangerous thing for a democracy,” Kagan said at a judicial conference in Montana. That is a backhanded way of saying the Court ought to base it's rulings at least in part on public sentiment. Which is so wrong, the law should be interpreted blindly and without ANY consideration for what the majority of the people believe. And if the majority of the people don't like it, they can change the damn law or change the judges/justices who interpret it. OR they can leave the issue in question for each state to decide as their constituents direct. THAT is the way a constitutional democracy is supposed to work.
bump
 
LOL retard much? what do you think a Court DOES?
SCOTUS interprets the law, but there is NOTHING barring it from taking public opinion into account.

In almost ALL cases SCOTUS has decided, social norms have been a deciding factor, not to mention their personal political views.

FYI:

Article 3, Section 1​

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article 3, Section 2​

  1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State; —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
  2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
  3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
 
Don't know if AGREE with her or not.
Do know DISAGREE with the over kill back lash,
IF Court loses All CONECTION that's a big statement.
Think about that for a while.
 
Don't know if AGREE with her or not.
Do know DISAGREE with the over kill back lash,
IF Court loses All CONECTION that's a big statement.
Think about that for a while.

Thought about it. I still want the court to use our Constitution for rulings, not the opinions of the mob.

How about you?
 
Thought about it. I still want the court to use our Constitution for rulings, not the opinions of the mob.

How about you?
Its just my guess, What she is saying is that if the court disconnects & only rule on what They want, believe, think.
Then the court is no longer influenced by the Constitution or the people.
 
SCOTUS interprets the law, but there is NOTHING barring it from taking public opinion into account.

In almost ALL cases SCOTUS has decided, social norms have been a deciding factor, not to mention their personal political views.

FYI:

Article 3, Section 1​

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article 3, Section 2​

  1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State; —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
  2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
  3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Yes now in that show us where the mobs opinion makes rulings and not the LAW.
 

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