when the court ruled against validation of military commissions for enemy fighters in Hamdan v. Rumsfeld. The court’s ruling led to a conventional view where conservatives insisted that they were close to victory in…
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It was assumed that there was lack of change in ideologies among the Justices. This conventional view is a result of empirical observation and intuition. One of the main challenges is the study done on voting of justices. In civil liberties, writers reached a conclusion that the rulings of seven Justices (Burton, Burger, Harlan, Brennan, Jackson, Stewart and Marshall) remained unchanged over the period of their careers. The others however, changed in significant ways. There was a great need to resolve the debate that had come up. There was need to reconsider the appointment of justices. In trending to the left, we consider Justice Blackmun, who was among the twelve Justices. He said that when Justices go on Supreme Court their constitutional philosophies are not fully developed. Douglas and Harlan moved to the right and later changed to the left. When appointing a justice, we should ensure that we share the same ideologies with him.
Supreme court justices are assumed to have strong dependent votes basing on their personal policies and values. Herman Pritchett’s The Roosevelt Court (1948) examines dissents and voting blocks of Justices. The court allows Justices to be dependent because there is no electoral accountability and the idea that the Supreme Court gives the last and final ruling. Justices are believed to be granted independent powers so that their rulings and not influenced by other parties. Their rulings hence are considered fair and just. Perceived values are not regarded as perfect ideologies of Supreme Court justices. The dependence granted to justices, therefore, renders their voting behavior unpredictable. There is a high correlation between the justices’ votes in civil society and their ideological values.
Here we consider how powers are separated in courts. We shall consider the attitudinal model and the model of separation of powers. In attitudinal model, judges make rulings basing on the facts of the
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