The High Court: A User’s Guide

The next president could appoint up to three justices—the constitutional equivalent of a straight flush.

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  • Posted By: OldPhart @ 07/03/2008 4:38:18 AM

    Marbury v. Madison in 1803 was the Supreme Court assuption of power undeclared in the Constitution of the United States.
    That assumption of power has provided so called courts, at every level, with the assumption that they have the power to dictate local laws. Regardless of jury decisions. The fundamental rule of trial by jury was the concept of a trial by your peers...that means those that know you. In the old days that was the local butcher, baker, housewife and drinking buddies...but the system has become so perverted these days that now trials are with juries that DON'T know you, and have been carefully screened down to those dumb enough to be swayed by lawyers and judges.
    No longer do juries not only determine guilt, they are actively discouraged from determing if the punishment suits the crime or if the punishment is even within the scope of justice.
    All courtesy of your local trial lawyers association, who supports which party?
    Your article is patently biased.
    When will true Journalism ever return to America?!

    • Posted By: OBWan @ 07/04/2008 11:09:41 AM

      OldPhart - so you decry voir dire. Gee lawyers political parties - 60 US Senators have a law degree, pretty much evenly split between parties. Try to care to guess on the House side?

  • Posted By: HolyRoller @ 06/28/2008 7:19:49 PM

    Hey NewsWeak...."all the Justices are white/old or both" Clarence Thomas was black, last time I looked. Ya'll are no longer even close to being unbiased and credible. That's why this toilet paper magazine is DEEP IN THE RED.

    NOBAMA!!!

    • Posted By: ghostmasseur @ 06/30/2008 9:43:50 AM

      Holy Roller,

      Read what it says. White AND/OR Old. Not White AND Old. The OR would cover Thomas who, at 60 years of age MIGHT be considered old.

  • Posted By: ghostmasseur @ 06/24/2008 9:34:52 AM

    flyovercountry,

    IF you had bother really reading what she wrote your would see that she wrote:
    "All the judges are white AND/OR old; MOST are both. "

    Now one has to define what OLD means but over 60 might qualify in classic terms. It is in the top third of age ranges since most people do not live to be over 90.

    Roberts - 53 - White
    John Paul Stevens - 88 - White and Old
    Antonin Scalia - 72 - White and Old
    Anthony Kennedy - 72 - White and Old
    David H Souter - 69
    Clarence Thomas - 60 (as of yesterday) - Old (barely)
    Ruth Bader Ginsburg - 75 - White and Old
    Stephen Breyer - 69 - White and Old
    Samuel Alito - 58 - White


    Therefore, but the authors statement - "All the judges are white and/or old; most are both. " She is correct. They are either white or old and only three are not both, Thomas (Old), Roberts and Alito (White)

    Try getting YOUR facts straight before you post.

    • Posted By: johnmoc @ 06/26/2008 1:59:26 PM

      Webster's dictionary does not provide a specifc defination of what "old" is. It is a relative term, open to debate and intrepratation. Clarence Thomas, on whom your defense of the article rests, is younger than the average for his peers. He is also below the SSA retirement age. Do either of those facts prevent him from being "old, no. But simularily, you stating that he is old also does not make him so. Further, you critizie another poster for not having his facts straight, while at the same time, you present your OPINION of what old is as FACT. You must forgive the rest of us for not recognizing your opinions as fact. Also, below, you refer to George W. Bush as "Bush II". That is woefully inaccurate, for one who implies he is some degree of a Constituitional scholar. A shorthand of Bush 43 would be more appropiate. Perhaps you should look up arrogant in the dictionary

      • Posted By: ghostmasseur @ 06/30/2008 9:37:59 AM

        If you read what I wrote, I said that 60 MIGHT qualify. Not that it was the only valid answer.

        And the main criticism of the author is the mistaken claim that she is saying that ALL the justices are white, when she NEVER said that. She specifically used the term AND/OR. I agree that old is a relative term, but within the age range definition that I gave 60 would fall inot that term. Now the author is vocing her opinion of what is old and not. I might or might not agree with her on that.

        As for Bush II versus Bush 43, neither is more accurate from a "Constiutional perspective. Both are simply terms used to distinguish the fact that they are not the same person. And since the current one is the son of the previous one, Bush II is actually an somewhat accurate term (not completely accurate because the father is George HW Bush while the son is George W Bush). But it is in no way woefully inaccurate. And since the term was meant as a form of insult, it was actually quite appropriate.

        And to see what arrogants mean just look at the current occupant of the Oval Office.

    • Posted By: 1787 @ 06/26/2008 2:37:50 PM

      ghostmasseur -
      All of the judges are white, false.
      All of the judges are old, false.

      All of the judges are white and old, false.

      All of the judges are white or old, false.

      Most of the judges are white, true.

      Most of the judges are old, true.

      Most of the judges are white and old, true.

      Most of the judges are white or old, true.

      ALL: used to refer to the whole quantity or extent of a particular group or thing

      MOST: greatest in amount or degree

      She used the word "all". You now know the meaning of the word "all".

      To arrive at your interpretation, that she is correct, she could have written, "Most of the judges are white and/or old; most are both."

      Get YOUR facts straight before YOU post.

      • Posted By: ghostmasseur @ 06/30/2008 9:21:02 AM

        1787,

        Try reading what both the author and I wrote. She specifically used the term AND/OR. Which, IF you know the English language, means that a member the group mentioned encompassed one of two options.
        In the case
        1. The AND part means that a member is part of BOTH identifiers (White and Old) - 6 members
        2. The OR part means that a member is part of ONE of the two identifiers (White OR Old). 2 white only, 1 old only.

        Since ALL of the members fall into one of the two identifiers and 6 fall into both then ALL of the members are White AND/OR Old.

        I had my facts straight. Now was it the best use of the phrase AND/OR? Maybe not. But it was a valid use and it did encompass ALL of the members of the court.

      • Posted By: basedrum777 @ 06/27/2008 12:36:45 PM

        Not to beat a dead horse because its semantics but if you qualify all of the judges who are not white as old then saying "all the judges are white and/or Old is correct". All fall into one OR the other category or both.

  • Posted By: C. MacLean @ 06/27/2008 2:26:58 PM

    Regardless of what you think about the author's politcal views, or her use of grammar, her main argument is valid - it is very likely that the next president will have an opportunity to alter the make-up of the present Supreme Court to a very large degree.

    For this reason, and this reason alone, she is quite correct - the vote you cast will have historic consequences.

    Use it wisely.

    • Posted By: HolyRoller @ 06/28/2008 7:23:53 PM

      Valid to an idiot such as yourself. To declare Clarence Thomas white and old is just another piece of evidence. NewsWeak is less reliable than The National Enquirer. Much less truthful. Oh yeah, Hussein is up 15 points...right...thats why Gallup has him tied at 44%.

      Buch of wimpy losers.

      NOBAMA!!!

      NOBAMA!!!

  • Posted By: basedrum777 @ 06/27/2008 12:39:21 PM

    She was trying to make a point that very few minorities are on the Court. Not start a semantic fight over the definition of Old. And if not for Ginsburg there woulnd't be any minorities on the court. Thomas is unqualified to be on the court and is whiter than I am and I'm caucasian.

    • Posted By: misterharban @ 06/28/2008 11:59:59 AM

      You're not talking about whether the justices "look like America". You're talking about whether the justices believe in your version of America. It may come as a surprise to you that, in this respect, there are many more "versions" of America than there are classifications of minorities.

  • Posted By: Ataten7 @ 06/27/2008 5:45:58 PM

    Perhaps our liberal friend "bassdrum777" thinks only hiphop, ebonics talking, saggy pants illiterates are "real" blacks. No Clarance Thomas is an intellectual conservative--an achiever who has made something of his life. Let Barak Hussein Obama and his liberal buddies whine about society's mistreatment and misunderstanding of pregnant teenagers. They were created by "players' not by society.

  • Posted By: Lee Holmes @ 06/27/2008 3:12:36 PM

    If Lithwick had ''valid arguments''then she would not be Lithwick. Her errent stupidity in deigning to decide how much the USSC ''looks like America'' should have been enough to have her thrown underneath one of those GREYHOUND buses she was describing,for,in a brilliant riposte today by University of Tennessee law professor Glenn Reynolds,HAD the USSC sought to ''look like America''in its HELLER decision,the vote would have been 7-2 instead of 5-4 as over 70 percent of Americans in polls conducted by AP-IPSOS,GALLUP,RASSUSSEN,ROPER,ZOGBY and many others regard gun ownership at a individual level as a right. Thus it becomes the liberal bloc of the USSC that is out of touch with the desires of the majority of Americans. Do not get me started on the liberal blocs [with Kennedy swing] 5-4 in KELO [eminant domain]. Here,over 80% of Americans are against the taking of private property for the purposes of development. Yet again,the liberal side of the USSC found favour with a decision that runs precisely counter to the desires of real Americans. Not simply a body that ''looks like America''.

  • Posted By: flyovercountry @ 06/23/2008 9:25:23 PM

    I would think that if Newsweek gives you an entire page to give the reader a "User's Guide" to the Supreme Court, you would at the very least get the facts right. You tell us the all the justes are white! Excuse my impudence, but have you looked at a picture of the nine justices?

    What Newsweek editor allowed this column to be printed with such a glaring factual error?

    • Posted By: basedrum777 @ 06/27/2008 12:33:02 PM

      It says white and/OR old.

  • Posted By: 4carol @ 06/27/2008 11:16:27 AM

    The Supreme Court is just that, SUPREME!! It is strictly SUPPOSED TO BE there to follow the Constitution!!
    They are not there to do the President's bidding or anyone else's.
    Personal and/or political feelings and opinions have NO place in our Supreme Court's justices rulings, PERIOD!!!

  • Posted By: ghostmasseur @ 06/23/2008 2:44:06 PM

    Actually, demhill (or should we call you dimwit), any intelligent educated person that knbows anything about US history and Constitutional law (something you are quite obviosuly completely ignorant of) are actually far more America Lovers than you can ever be. If you want to be in a nation like the one Bush and Cheney are trying to create go to Saudi Arabia, Iran or Saddam's Iraq. Our founding fathers knew that executive tyranny (the perfect definition of Bush II) is an ultimate evil.

    I have done my homework. Most skilled consitutional theorists would laugh in your face (or vomit at your treason).

    • Posted By: denmill @ 06/23/2008 3:15:25 PM

      I think you meant four liberal leftists American haters not just four liberals. These so-called judges (liberal leftists) do not have a voice of reason, they are always on the side of anything that is anti-American including on the side of the 9-11 terrorists. do your homework!

      • Posted By: Nins @ 06/25/2008 12:08:12 AM

        Denmill, the Supreme Court Justices were NOT on the side of the terrorists. They were on the side of the Geneva Convention, that says you can not torture POWs, and on the side of US laws that state that you can not imprison a person indefinitely without charging them with a crime and bringing them to trial. I'm sure that like most Americans, the Justices who voted against the illegal, immoral doings at Guantanamo did not feel sympathy for the terrorists. They felt sympathy for the laws of AMERICA, the land of the FREE, when even rat finks get a fair trial.

        • Posted By: dogbyte @ 06/27/2008 9:41:11 AM

          Geneva Convention? The ignorance of you is obvious. A person caught on the battlefield has never, nor does the Geneva Conventoin, allow enemy combatants to benifit from the US courts.

    • Posted By: johnmoc @ 06/26/2008 2:24:59 PM

      Debating the issues is not treason. The First Amendment of the Constitution specifically allows for the freedom of speech. This allows for all points of view to enter the marketplace of ideas. Free-willed people then came come to thier own conclusion as to what they agree with and what they don't. The Constitution specificially addresses treason in Article 3 Section three. The basic defination of treason is levying War against the US, adhering with, or providing aid and comfort to, the emenies of the United States. The mere disagreement with a poster on the comments page of a news outlet does not equal treason.

    • Posted By: Nins @ 06/25/2008 12:01:46 AM

      Dear Ghost, even though your graphic metaphors are a little much for me, I have to agree that you are right. Denmill clearly is one of the polarizing types. He wants to stack the Supreme Court with people who agree with him, and despises any Justice who does not share his personal views. But the point of a judge is that they supposed to be IMPARTIAL and leave their personal views at home, reviewing the facts, case law, statutes and the Constitution when making their decision. Nothing else, no matter how compelling, is pertinent to a truly conscientious judge.

  • Posted By: Tony C. @ 06/26/2008 12:31:54 PM

    Only in America can yoou keep a job for LIFE even if senile, suffering from alzheimer's, or as proven in the last two rulings, COMPLETELY INSANE!


    GOD BLESS AMERICA!!!!!!!!!!!!!!!!!!!!!!!! Laughing stock of the world.

    • Posted By: dogbyte @ 06/27/2008 9:29:06 AM

      move tony. Good riddance

  • Posted By: dogbyte @ 06/27/2008 9:19:38 AM

    The purpose of the Supreme Court is simply to insure the Constitution is followed period. It is not supposed to be a reflection of our society at all. Stupid. Furthermore Dahlia, you comment that all justices are old and white is either a typical slam on Justice Thomas who is black and or just pure ignorance. Either way the fact that Newsweek's editors let it go is a reflection of their bias and as such insures they are a progaganda tool not a news organization. As such, I will never, ever buy a Newsweek every again. Thank you!

  • Posted By: Barjor @ 06/26/2008 8:39:57 PM

    Neocon, you posted only one of Jeffersons statements regardeng religion. He communicated frequently by writing with John Adams on multiple topics of which religion was one. Much of the following is quoted from David Ignatius who you can contact at davidignatius@washpost.com. The Founders were men of Enlightment - supreme rationalists who would have found the religiosity of much of our modern political life quite abhorrent. It's not that these men didn't have religious beliefs: They were, to their deaths, passonate seekers of truth, metaphysical as well as physical. It's that their beliefs didn't fit into pious cubbyholes. Politicians and commentators have suggested that for the Founders the very idea of freedom was God-given - or, as the Declaration of Independence puts it, that human beings are "endowed by their Creator with certain unalienable Rights." Yet this famous passage begins with a distillation of Enlighhrenment's celebration of human reason: "We hold these truths to be self-evident. . . "Jefferson wrote of "true religion" as based on "moral precepts innate in man, and the "sublime doctrine of philanthropism and deism tought us by Jesus of Nazareth." But jefferson warned that if the sectarian (church) version prevailed, then he might agree with Adams that "this would be the best of all posslible worlds if there were no religion in it." The Founder certainly believed in God, but for most of them, their faith was a deeply private matter "known to my God and myself alone." Religious conservatives like to stress their connection to ehe Founders and to the republic's birth as "one nation under God." But a reading of the Adams-Jefferson letters is a reminder that, in this debate, the Founders - as men of the Enlightment - would surely have sided with the party of Reason

    • Posted By: neocon @ 06/27/2008 9:03:20 AM

      Barjor well stated, but the point I was trying to make was the concept of the "seperation of church and state" does not appear anywhere in the constitution. This is probable the most misunderstand amendment in the constitution. That the government should not impose a religion on the people was the right given. Influence from a religious point of view is difficult if not impossible to remove whether you are athist or christian some tenet of your belief system is going to be rooted in some form of religious dogma.


      Adams and Jefferson had wonderful debates in their letters and gives great insight into their hearts and minds.

  • Posted By: jkemp7777 @ 06/27/2008 12:53:18 AM

    very slanted view from the left.This is not unbiased journalism.

  • Posted By: jkemp7777 @ 06/27/2008 12:52:26 AM

    very slanted commentary from a far left view.Bad journalism

  • Posted By: Barjor @ 06/26/2008 8:11:12 PM

    Neocon, you quoted only one statement by Thomas Jeferson. Much of what follows is quoted from David Ignatius who you may contact at davidignatius@washpost.com. Jefferson and John Adams communicated with each other about many matters amoung which was the topic of religion. Their letters are a reminder that the Founders were men of Enlightment - supreme rationalists who would have found the religiosity of much of our modern political life quite abhorrent. It's not that these men didn't have religious beliefs. They were, to their deaths, passionate seekers of thuth, metaphysical as well as physical. It's that their beliefs didn't fit into pious cubbyholes. Politicians and commentators have suggested that for the Founder the very idea of freedon was God-given - or as the declatation of Independence puts it, that humas beings are "endowed by their Creator with certain unalienable Rights." Yet this famous passage begins with a distillation fo the Enlightenment's celebration of human reason: "We hold these truths to be self-evident..." Jefferson wrote in 1817 of "true religion" as based on "moral precepts innate in man." He contrasted this true faith with "sectarian (religion/church based) dogmas. Jefferson warned that if the sectarian version prevailed then he might agree with Adams that "this would be the best of all possible woulds if there were no religion in it." The Founders certainly believed in God, but for most of them, their faith was a deeply private matter "known to my God and myself alone." Religious conservatives like to stress their connection to the Founders and to the republic's as "one nation under God." But a reading of the JAJadams-Jefferson letters is a reminder that, in this debate, the Founders -as men of Enlightenment- would surely have sided with the party of Reason.

  • Posted By: fantasmic7 @ 06/26/2008 6:34:49 PM

    Well, the article gets one thing right for sure...this election is absolutely crucial to the future of the Supreme Court. It is already bad enough that Bush got to replace O'Connor, who was the other swing vote with Kennedy for years. Bush has been able to put 2 ultra conservative judges on to go with Thomas and Scalia. McCain has admitted in no uncertain terms what is judge appointing strategy is. If McCain is elected, you can say goodbye to Roe v. Wade and you can also say goodbye to any average citizen standing a chance against Goliath (private and governmental)

    And by the way....all political posturing aside, we are one of the few countries left that use the death penalty and go ahead and take a look at the list of countries on the same list as us in continuing to execute people and also go ahead and take a long, long look at the list of people who have been exonerated off death row after spending 10, 15, 20 years there. Sure, if someone harms my kid, I might well Ellie Nessler them, but I do not want the courts executing them, let them wither away in prison for 20, 30, 50 years. As for today's gun decision, it is what I expected from this current court, but I still feel that the 2nd Amendment simply does not say what the NRA wants it to say. Some historical context may help, but most people in this country do not bother to have any of that.

    I cannot even fathom that with all that is at stake, McCain is polling anything above 10%. Sometimes I really wish we let the South go 140 years ago.

    • Posted By: Lee Holmes @ 06/26/2008 7:14:03 PM

      It is not what ''The NRA wants it to say''. It is,rather,what the Founders of this Republic said themselves,with Jefferson,Hamilton,Franklin,Mason ,Madison, and others always,and with no exceptions,referring to the right of the individual to keep firearms. It formed the basis of the Constitutional Convention and was a main platform of each of the thirteen states then involved. Indeed,it has a detailed historical context. Rather,a ''collective''right,was hatched out of thin air by liberals only in recent history. The 1939 MILLER firearms decision by a demonstrably more liberal high court did not once infer that the 2nd Amendment bestowed only a ''collective ''right. This adjective would be inserted by gun control advocates decades later,who were willing to take avenues that are anathema to all of our constitutional freedoms in order to make their case. In DC,the heart of the HELLER suit,ideas ranging from searching individual houses for guns were contemplated. As it now stands,the ACLU has filed suit to stop checkpoints where citizens would be checked against a police database in order to determine residency in a given neighborhood where the roadblock has been established. What would lead to such police state insanity in a city where guns were banned for decades? All todays decision did was to ring the voices of Americas Founders down through the centuries,to rightfully bestow gun rights where they always belonged. To the people,where,they..

      ''may be used with individual discretion,in private self defense''

      John Adams,''In Defense of the Constitution'',1789.

  • Posted By: timrogers @ 06/26/2008 6:59:24 PM

    Excuse my opinion that the Supremes are not only too old, but also too out of touch to be relevant. With all due respect, they belong in rocking chairs not on the bench. Most of America is expected to retire at 65 because of the obvious mental and physical decline that affects job performance. Somehow, being in Washington acts as a fountain of youth because the older folks in power there have no retirement age. They are at the top of their game all the way to their own funerals. We now have a presidential candidate who is the oldest in history but who would be a youngster on the court. He would fit right in as another anacronism without a clue.

  • Posted By: bren309 @ 06/26/2008 6:59:15 PM

    I am old and white.Read this and oh my God, Thomas has died or kicked off the court and nobody told me. I guess N.W. likes you. I'm upset that you would say all the supremes are white and old. I don't understand why you had to say that to make your point in your article.There is a black man on the court.There is a black man on the court! Do you have a problem with color? Explain yourself and get back with me.

  • Posted By: rhomp2002 @ 06/26/2008 6:16:22 PM

    After reading this article I am positive I will be doing anything to ensure that Obama does not get elected. Does Dahlia even realize that there about half the people in the country who think she is bat s*it nuts-o for writing what she did in the POS article and the rest are probably about to consider that. How does anyone who reads the Constitution and thinks about what it says come to the conclusions she does. Does the term "the right to keep and bear arms shall not be abridged" mean anything at all or is it just something to snicker about while the judges make up new laws.

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