Was an originalist a constitutional philosophy

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was an originalist (a constitutional philosophy involving discerning the Founders‘ original intentions), which is traditionally a conservative approach to constitutional 16 Currently, abortion is the most divisive, controversial issue that the Supreme Court decides. Nominees are too careful to answer directly questions about his personal stance on abortion, so Senators try instead to get answers to questions about specific cases, such as or Griswold v. Connecticut (1965) Roe v. Wade (1973). In Griswold , the Court held that a Connecticut law banning the use of contraceptives was an unconstitutional violation of privacy. In Roe , the Court held that a Texas law preventing anyone from helping a woman get an abortion was an unconstitutional violation of guaranteed due process.
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40 interpretation (Eastland). Because Souter lacked anything damaging in his past writings and was able to gain significant approval from both Democratic and Republican senators, his confirmation was relatively simple. The Senate eventually approved Souter with a vote of 90:9 (Eastland). Not even the ever-invasive liberal interest groups could find any significant reason to fight the Souter nomination. To date, Souter 17 is the most ―stealth‖ nominee. Summary Being nominated to the Supreme Court is no easy feat, but actually being confirmed is even more difficult. Many factors affect a nominee‘s confirmation , from past record to their social acquaintances, but as Justice O‘Connor once said, luck is the most important factor (Abraham 3). Not only must the timing of the Supreme Court vacancy be right, but the nominee must also lack any sort of damaging past. The nominees during the early history of the Supreme Court were political giants in their own right. Many members of the first Court fought in the Revolution and were well known in political circles, as well as to the public. Nominees in that mold would most certainly not be confirmed today. Instead, today‘s nominees must appear to be as politically neutral as possible. Several factors contributed to this change. First, the Seventeenth Amendment ended the election of U.S. senators by state legislatures. Now, public opinion mattered in that senators were directly responsible, by means of popular elections, to their constituents. If they had any hope of being reelected, senators had to pay attention to how the public felt about a nominee. Even if the senator 17 Although thought to be conservative and nominated by a Republican president, Souter has become one of the Court‘s most reliable liberals. Because of this, Bush considers Souter‘s nomination as one of his worst mistakes as p resident (Smith).
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41 felt that the nominee should be confirmed, if his state population felt otherwise, he would be moved to vote accordingly. This constitutional change provided the first opportunity for the public to have a say in the confirmation of Supreme Court nominees.
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