we are under the constitution but the constitution is what the judges say it is

we are under the constitution but the constitution is what the judges say it is

Answer the question completely

THE QUESTION:

“We are under a Constitution, but the Constitution is what the judges say it is.” — Chief Justice Charles Evans Hughes.

Comment astutely. Include the notions of judicial temperament, the philosophies of judicial restraint and judicial activism, the various modes of constitutional interpretation, and the role of ideology , politics, and political party in judges’ decisions. Include the views of current or recently retired Supreme Court Justices.
Illustrate your points with specific Supreme Court cases regarding civil liberties, civil rights, due process of law, and equal protection of the law. Include at least one case that the State of Texas was party to.
Some additional references you may wish to include:
David Savage, “Supreme Court set to open crucial term,” Los Angeles Times, October 2, 2011.

Stephen Breyer,
Stanley Fish, Styles of Judging: The Rhetoric and the Reality – Opinionator Blog – NYTimes.com, June 14, 2010.
Judicial temperament, All Things Political
Constitutional Interpretation, All Things Political
David Souter, All Things Political
Antonin Scalia, All Things Political
Sanford Levinson, “So Many Origins,” The New Republic, February 22, 2010.
C-SPAN Justice Scalia on Constitutional Interpretation
Emily Bazelon, “The Place of Women on the Court,” New York Times Magazine, July 12, 2009.
PBS Newshour, Law Archive
Jeffrey Rosen, “A Man of Influence,” New York Times Book Review, December 31, 2009.
Washington Post: The Supreme Court
Adam Liptak, “U.S. Court, Long a Beacon, Guides Fewer Nations,” New York Times, September 18, 2008
Jeffrey Rosen, “The dissenter,” New York Times Magazine, September 23, 2007.
Jeffrey Rosen, “Robert’s Rules,” Atlantic Monthly, January/February 2007.
Jon Meachum, “A nation of Christians is not a Christian nation,” New York Times, October 7, 2007.
Plyler v. Doe, All Things Political
Barbara Belejack, “A Lesson in Equal Protection,” Texas Observer, July 13, 2007 EReserves
& Plyler v. Doe (1982) at Oyez,
Katherine Leal Unmuth, “Tyler case opened schools to illegal migrants,” Dallas Morning News, June 11, 2007 & Video EReserves

“Habeas Corpus: Writs Gone Wrong,” Austin American-Statesman
“Death No More: The Texas Death Penalty,” Dallas Morning News
Eighth Amendment, All Things Political
Death Penalty, All Things Political
Murder USA/Texas, All Things Political
Constitutionality & Health Care Reform, All Things Political
Health Care Policy , All Things Political

 

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