The Supreme Court

Paper Summary:

This paper explains that all the Supreme Court justices read the same law but may have different philosophies regarding how to apply precedent and what sort of mindset to use in making a decision. The author reviews some of the differences and their sources in the decisions and writings of Justices Antonin Scalia, William H. Brennan and William Rehnquist. The famous case of "Roe v. Wade" is also presented to illustrate the interaction of the differing philosophies of the justices used in reaching a decision.

From the Paper:

"What many see emerging, then, is a precedent-bound common-law system, and for Scalia, this system is in opposition to the overriding system of democracy. With the advent of that institution, law was made by the people through their representatives and had more power as a result. He supports the idea that laws are made by the legislature and that laws made by judicial interpretation are weak. While this might seem self-evident as stated, in practice it is not that simple, and Scalia has to address the complexities in his essay even if he may suggest ignoring them."

Sample of Sources Used:

• Brennan, William. "Construing the Constitution." 19 University of California-Davis Law Review 2 ( 1985).
• Rehnquist, William H. The Supreme Court. New York: Vintage, 2001.
• Scalia, Antonin. A Matter of Interpretation: Federal Courts and the Law. Princeton, New Jersey: Princeton University Press, 1997.

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