A Philosophical and Political Study of the Appointments and Major Decisions of the Supreme Court: 1789-1857 with an Emphasis on the Chief Justices
Longacre, Clayton Ernest
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This paper investigates both the political and philosophical dimensions regarding: 1) the relation between the personal politics of the appointees and their decisions on the bench, 2) the results of their types of decisions during times of national crises and 3) the morality of a given decision-making process. I have argued that the Supreme Court always possesses the potential to affect the health of the nation. Further, I have suggested that in times of national crisis, the Court makes the difference between continued retrogression, stagnation or healthy progress A I hope I have demonstrated in this paper that if stagnation turns into retrogression as it did in the Taney era, it may result in disastrous political consequences for the Nation. Therefore, I have tried to demonstrate (by this study of the historical period of 1789-1857) that the politics of judicial appointees instrumentally affects the health of the nation. The question for today is whether the types of appointees we have received translate into a retrogression, stagnation or progress for the health of the nation. I will not answer that question in this paper. However, my intent with this paper was to provide a foundation for those who do wish to investigate that question. Nevertheless, I have made my own opinion known as to the type of appointees we should be seeking in the High Court. I focused as well, using philosophical argument, on the type of morality needed in the judicial decision-making process. The philosophical argument throughout this paper and especially at the end presents my conclusions as to what the function of the Supreme Court should be in order to promote the health of this Nation.If you are not a current K College student, faculty, or staff member, email firstname.lastname@example.org to request access to this SIP.