Justice: The Attitudinal Model

Improved Essays
The Attitudinal Model is a model used to help explain how Justices reach decisions. It states that a Justice will reach a decision based on their own personal views which are influenced by those of their peers and their individual background. This means that Justices pay little to no attention to things such as precedent, statutes, etc. This form of decision making is often more prominent in high-profile, controversial cases in which a direct solution to the problem at hand cannot be easily found in the Constitution or other statutes. Throughout this paper I will attempt to prove that attitudinal decision making is present throughout all cases and not just high-profile cases. In order to accomplish this task I will analyze a handful of high-profile

Related Documents

  • Improved Essays

    In most Supreme Court cases, the majority opinion usually sets the precedence for future cases and the concurrence has little to do with precedence. However, in Youngstown Sheet & Tube Co. v. Sawyer Justice Jackson’s concurrence creates a three-tiered system for contested Presidential acts. Each tier gives the Court a reasonable idea how to determine whether or not the President’s act was constitutional or not. The first tier is the President’s highest amount of power. It combines his actions and the actions Congress has delegated to him.…

    • 803 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The political landscape as we know it today has always allowed The President of the United States to select his own Supreme Court judge. However, should the Supreme Court Judge’s beliefs represent the traits or value systems of the President of United States? For example, President George Bush appointed both Clarence Thomas and David Souter, two contrasting personalities say the least. Nonetheless, Clarence Thomas was known for his boldness, committed to seeking out the original meaning of the Constitution, perhaps, similarities to President Bush prosecuted the Gulf War and how he stood behind Thomas controversial confirmation hearings (McGinnis, Flaherty, 1995).…

    • 341 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The book is written to address particularly voters to awaken them up with regard to their powers to elect whoever they like to serve in the judicial systems of the Supreme Court (Sutherland & Dobson, 2005). The book exposes a series of admonishing statements to the public on the series of the on-going struggles with outsmarting judiciary. Sutherland writes to spew out his contempt on what he believes is the abuse of power by the Supreme court Judges and points out ways through which this trend can possibly be mitigated. Both the Supreme Court Judges and the Supreme Court nominees alike are deeply engrossed in corruptive deals which the writer seeks to…

    • 887 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Judicial Review I believe having a Supreme Court is valuable for any democracy to maintain fairness between governmental power and the rights of citizens. However, with a court that wields such authority, the justices serving these courts must be appointed in a manner that represents a balance in political ideology. Moreover, if multiple appointments are made to the Supreme Court by a president and congress of one political persuasion, the court’s rulings can overwhelmingly favor a particular political party’s ideology. Balanced judicial appointments create balanced rulings in most cases. This neutrality can be disrupted by political influence as evidenced in recent rulings.…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Justice Stephen Breyer Justice Stephen Breyer has been on the Supreme Court for almost 22 years. He was confirmed to the court by the Senate on June 29, 1994. Justice Breyer’s confirmation was not a surprise considering how highly qualified he was, as well as, how highly others thought of him. For most of Breyer’s adult life he has had an influential role in the legal field. This paper will summarize Justice Stephen Breyer’s early life through today.…

    • 1934 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Jeffrey Toobin Essay

    • 666 Words
    • 3 Pages

    Throughout the nonfiction book by Jeffrey Toobin, he talks about the justice system and the Supreme Court in the United States and how it functions and also how it has changed over the years in history. The book shows a great look at how individuals such as George W. Bush in how they hold their power and how the justice system affects that. Also giving a great understanding with Justice Sandra Day O'Connor's alienation. It also touches on the topic of a “fight” of conservatives that were taking control or trying to take control of the supreme court. Despite that there were many more republican appointees on the court it fails in the 80s and 90s.…

    • 666 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The justice approach stems from the Aristotelian philosophy where it is stated that “equals should be treated equally and unequals unequally”. The justice model of ethical decision-making can be described as “moral obligation to act on the basis of fair adjudication between competing claims. Hence, when making the decision, the individual should assess how fair the action will be and if it could potentially discriminate and show favouritism. Discrimination by definition “imposes burden on people who are no different from those on whom burden are not imposed”. Favouritism, on the other hand, provides benefits to a certain group of people, without a justifiable reason.…

    • 312 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…

    • 1172 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    While Marbury never got his deserved commission, the Court’s ruling set a very important precedent for the American judicial system. Without the case, the Supreme Court would have been a lifeless authority with no real power. It also shed very deserved light on the importance of judicial review, in other words, gave the supreme court the power and authority that it needed to have the final say when the situation involves legality. Throughout its long history, when the Court needed to affirm its legitimacy, it has cited Marshall's opinion in Marbury v. Madison. (McBride,…

    • 704 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The laws modern society has in its legal system are more or less directly related to the moral principles of its people. Actions such as theft, murder and rape are unanimously immoral, which in turn makes the action illegal. However, some immoral actions do not have a legal counterpart, which could be due to a disagreement between two sides of an ethical dilemma. When this happens, legal action might occur in order for one side to transform their position on the matter into law. Sometimes these legal controversies can be so complex that it must keep going up the judicial system until the highest authority determines the absolute verdict.…

    • 673 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The three Supreme Court Cases from our readings all have differing questions, applicable theories of morals, ethics and legal precedence that require consideration. It is crucial to acknowledge that although our Constitution and many laws rely on philosophy, not all legislation is moral, and may even be immoral. I feel the best method is to look at each case and weigh its morals and legality as well. Each of these cases created conflicts within my mind, tested my ability to be impartial, and left me glad I am not a judge. Case #1 involves the No Duty to Rescue Law, which was put to test in New York.…

    • 633 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    That a case arising under the constitution should be decided without examining the instrument under which it arises?” ( John Dickhaus; 2013) This decision means the rights were given to the Supreme Court to decide this case even though it was stated in the constitution. The courts give many reasons for us to be ashamed of them, but does this warrant the need to limit the tenure of federal judges and turn the court into a partisan war zone? Justices are not concerned with popularity, they make hard, life altering decisions every day without the fear of making many people mad. Justice should be able to sit the bench without fear of worrying about their positions in the court and focus their time and energy on the hard judicial case decisions that come their…

    • 1421 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    The confirmation battles over recently nominated justices certainly suggest that many people view the justices’ personal politics as an important factor in judicial decision-making. But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a justice’s political preferences from his or her…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Throughout our history, there has been a concurring question, in which the burden has weighed heavy the shoulders of many citizens. Should Supreme Court judges be elected or appointed? In the process of this debate, a main concern of the overall argument shadows the question that if today’s method of selection is constitutional and publicly acceptable. In order to keep the public content and still have a reliable court system, there are many factors that are taken into place, which is also one of the reasons why the answer to this question has yet to be justified. In addition, there is an equal amount of supporters on either side who each claim their position is the most ethical and reasonable choice.…

    • 2056 Words
    • 9 Pages
    Superior Essays
  • Superior Essays

    The Journal "The Need for More Than Justice" written by Annette C. Baier essentially analyzes Carol Gilligan views on matters of women and justice. Baier also discusses many different other philosophers in her analyzation. Gilligan 's theory goes into depth on how care can be an important factor in a women 's outlook on moral issues and moral development. The very first main idea or topic that 's introduced in the journal article is the care or justice perspective. The perspective basically shows or gives the idea that a person 's gender will determine their outlook.…

    • 1559 Words
    • 7 Pages
    Superior Essays