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How To Interpret Supreme Court Decisions

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Lincoln believed that if the Court made a decision in error, that “They will withdraw the mistaken statement, and reconsider the conclusion based upon it.” COOPER REWORK ELIMINATE Brennan asserted the importance of the Court declaring, “We Justices are certainly aware that we are not final because we are infallible; we know that we are infallible only because we are final.” Lincoln argued every citizen needed to question constitutional issues and Supreme Court decisions. Brennan indicated that many people lacked the ability to interpret the Constitution; therefore, he asserted that it was the duty of the Supreme Court to interpret it for the advancement of all society. If we fail to question the validity of these decisions then we are empowering the Court to usurp powers not guaranteed by the Constitution itself. Brennan maintained, “judicial power resides in the authority to give meaning to the Constitution, the debate is really a debate about how to read the text, about constraints on what is legitimate interpretation.” For Lincoln it was the duty of all citizens to interpret the Constitution that right should not be reserved for the select few members of the Supreme Court. …show more content…

He declared when “a Justice perceives an interpretation of the text to have departed so far from its essential meaning, that Justice is bound, by a larger constitutional duty to the community, to expose the departure and point toward a different path.” Lincoln would refute Brennan’s claim that the Justices could simply ignore precedent. FIND A LINCOLN QUOTE TO SUPPORT Although there were several instances that Lincoln believed the Supreme Court had erred in their judgment, he maintained that those decisions must be followed until they can be repealed or amended. Lincoln would never advocate for blatant disregard of the

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