Skip to comments.Some Questions for Aspiring Supreme Court Justices
Posted on 07/02/2018 1:25:43 PM PDT by Brian Griffin
These questions are those that might be asked by leftist Democrats, RINOs and conservative Republicans.
Should the original Constitution or any particular amendment be primarily interpreted using the intent of the persons who wrote the Constitution or a particular amendment?
Was Thomas Jefferson an extremist?
Was James Madison an extremist?
Would interpreting the Constitution as Thomas Jefferson would be extremist?
Would interpreting the Constitution as James Madison would be extremist?
Many legal scholars hold the opinion that if the words of a legal document are perfectly clear by themselves, they should be allowed to speak for themselves and no further inquiry to intent or context should be made. Do you support that view with respect to the Constitution? If not, why don't you?
[Article I, Section 8]
What does "general welfare" mean in the Constitution?
What is "commerce" with respect to the Constitution?
Is the labor of a person in a retail store or restaurant a part of such "commerce"?
Is the health care cost coverage policy of a retired American part of such "commerce"?
Can "commerce" solely within a state be regulated by Congress?
Should a farmer growing produce for local restaurants have to answer to the National Labor Relations Board?
Can patents be assigned under the Constitution?
Could Congress grant a copyright to a collective work cartoon to a corporation for 999 years?
Is the southern border influx an "invasion" under Article I, Section 9?
Can Congress authorize the "capture" of a 12-year old crossing into the United States from Mexico?
Can Congress authorize the "capture" of a 2-year old and its parents crossing into the United States from Mexico?
Can an adult jihadist Congress authorized the executive to "capture" be held indefinitely?
Can a child under age 12 Congress authorized the executive to "capture" be held indefinitely?
How could the Congressional power to "make rules for the government" impact the Supreme Court?
Is the "necessary and proper" clause limited to cases of federal government necessity?
[Article I, Section 9]
Is the capitation tax clause still in effect?
Is a recent Supreme Court decision in conflict with the "articles exported" clause?
[Article II, Section 1]
Is the selection of electors subject to Congressional legislation with respect to campaign finance?
What makes a citizen "natural born"?
Is Barack Obama a "natural born" citizen?
Can the responsibility to "take care that the laws be faithfully executed" by itself authorize the current President to ignore a consent order entered into by a former President?
[Article III, Section 1]
Can "legislating from the bench" be considered by Congress as a "behavior" that is not "good"?
Does Congress have a duty to increase judicial salaries in cases of substantial monetary inflation?
[Article III, Section 3]
In your opinion, did the actions of Jane Fonda during the Vietnam War amount to treason?
[Article IV, Section 1]
Should the State of Mississippi have to allow any couple married in Massachusetts to file for divorce in the state?
[Article IV, Section 3]
Can Congress return the State of California to Mexico by passing a law?
Can Congress dispose of money extracted from taxpayers by giving it to ordinary needy persons?
[Article IV, Section 4]
Is the southern border influx an "invasion" under Article IV, Section 4?
Has the Supreme Court by decision denied any state of "a republican form of government"?
Can a treaty be unconstitutional?
Can the Supreme Court strike down a trade treaty because it would restrict the Article I, Section 8 power of Congress to regulate "commerce" with "foreign nations"?
Have you read the Federalist Paper No. 64 of Jay with respect to treaties?
Can the US denounce a treaty that has a denunciation clause?
Can a state deny a religious person an occupational license because that religious person has refused to agree to a clause, without a religious exemption, to provide services in all cases of necessity, some services of which the religious person would find highly objectionable to provide on a religious ground?
Can a state revoke an occupational license granted to a person because that person has refused to provide a service or product because of a religious reason?
Can a state revoke an occupational license granted to a person because that person has refused to provide a service or product because of a religious reason even though the person has signed a clause agreeing to provide service in every case of necessity, but later found religion?
Can the Supreme Court declare an amendment unconstitutional because it would alter what was already correct?
Could an Equal Rights Amendment be nullified by amendment?
Can the equal protection clause of Amendment XIV be limited by amendment?
Could slavery for any reason, including committing a crime, be irrevocably barred by amendment?
Could income taxation for any reason be irrevocably barred by amendment?
May Congress prohibit the launching of nuclear-tipped ICBMs towards Israel from the USA by jihadist Moslems?
May Congress punish the practice of jihad on US soil?
May Congress outlaw the deadly practice of the Thug religion?
May Congress underpay a Catholic-run hospital simply because it refuses to provide elective abortion services?
May Congress refuse to contract with a Catholic-run hospital simply because it refuses to provide elective abortion services?
If the federal government structures health care cost coverage law so policies with abortion coverage are cheaper, is that of violation of the "free exercise" of religion?
If a state created under a statute of Congress such as Oregon structures its health care cost coverage law so only policies with abortion coverage are available to state residents, is that of violation of the "free exercise" of religion?
Does Congress have the Constitutional power to block one rich man from giving a great woman a fighting chance to become President?
Is Congressional campaign finance regulation totally barred by Amendment I?
Does an undoubtedly rational & law-abiding US citizen of voting age have an individual right to possess a bolt-action rifle on his property?
Does the militia clause have any Constitutional meaning?
Why, in your opinion, was the militia clause incorporated into the Amendment?
To what extant may a state restrict the ownership of arms?
Do you stand by Heller?
Name some key factors that make a search reasonable.
Name some key factors that make a search unreasonable.
To what current extent has the Supreme Court overstepped with respect holding a search to be "unreasonable"?
Can a state and the federal government each criminally try a person for the same physical act, independently?
Can a Mr. T be compelled to testify against a Mr. C when there is a reasonable expectation that Mr. C will subsequently provide evidence against Mr. T in exchange for a lighter sentence?
What constitutes "public use" that would justify the governmental taking of private property?
Name up to five governmental takings, by type, that have violated Amendment V, if you can, on a separate sheet of paper.
Specify what would constitute "speedy" if you had to teach some law school students Constitutional law.
Could the Supreme Court order the US Senate to confirm judges in order to give defendants a "speedy" trial?
Did the people who voted for Amendment VI intend that the federal government should provide a free lawyer to each indigent person federally charged with a felony?
What would be "excessive" bail?
Is "excessive" bail commonly asked for in the United States?
What would make a fine "excessive"?
Are "excessive" fines commonly imposed in the United States?
Can increasing a "fine" for non-payment then make it "excessive"?
Should court and other costs levied be factored in when determining if a "fine" is "excessive"?
Name some factors that might make a punishment "cruel".
Is the putting down a cat with malignant cancer by a veterinarian's lethal injection "cruel"?
Does the fact that Amendment V refers to "a capital...crime" mean that capital punishment by methods commonly used by the original 13 states in the 1790's are Constitutional?
Does the fact that Amendment V uses the phrase "deprived of life" mean that capital punishment by methods commonly used by the original 13 states in the 1790's are Constitutional?
If one state commonly punishes a crime far harsher that any of the other states, is that Constitutionally unusual punishment?
If one state commonly punishes a third minor offense far harsher that any of the other states, is that Constitutionally unusual punishment?
Does Amendment X require the powers granted to Congress be strictly construed?
Does Amendment X require the powers granted to Congress be narrowly construed?
Name an act of Congress made prior to the Amendment made unconstitutional by the Amendment, if you can.
Did Amendment X bar the federal government from providing food purchase financial benefits for children that would otherwise go hungry?
Could a citizen of Mexico seek redress from a federal court for an action of Arizona?
Could a citizen of Canada and the United States seek redress from a federal court for an action of Ohio?
Is a military draft Constitutional?
Is a military draft of males only Constitutional?
[Amendment XVI, Section 1]
What was the intent of Congress in creating the first sentence of Amendment XIV?
Is an infant born in a San Diego hospital of an alien female soldier invading California a US citizen?
Was an infant born in a San Diego hospital of an unarmed alien scofflaw, who habitually ignored US law, with the unlawful connivance of the judicial and executive branches of the United States, a US citizen?
Was an infant born in an El Paso hospital of an unarmed alien scofflaw, who habitually ignored US law, despite the best efforts of the executive branch to enforce it, a US citizen?
Is an infant born in Sanctuary City Hospital of an alien scofflaw, who is sheltered from being subject to federal law by rebels, a US citizen?
Why did Congress add the last clause of Section 1?
After Amendment XIV was added to the Constitution, were all aspects of the Civil Rights Act of 1866 Constitutional?
How must the "protection" extend beyond safeguarding from injury or danger?
[Amendment XVI, Section 2]
How is California entitled to have a number of Congressional Representatives apportioned, based on the number of residents or of US citizen residents?
[Amendment XIV, Section 5]
Does the Supreme Court have the independent power to enforce Amendment XIV?
Is Section 5 superfluous?
Is the Voting Rights Act 100% Constitutional as currently written under the current circumstances?
Is there any Constitutional problem with respect to what current federal law considers "income"?
Did Amendment XVI totally eliminate the direct tax proportionality requirement of Article I, Section 9?
Are the resulting income tax revenues subject to the spending restrictions of Article I, Section 8?
In your opinion, at what point during pregnancy does a fetus become a human being biologically? legally?
What provisions of the Constitution may be construed to bar states from impeding access to abortion provision?
How may a state government Constitutionally restrict abortions with respect to fetal status?
How may a state government Constitutionally restrict abortions with respect to the status of a mother, such as her age?
How may a state government Constitutionally restrict abortions with respect to medical provider facilities?
What procedural steps may be Constitutionally imposed on abortion providers by a state?
What procedural steps may be Constitutionally imposed on mothers seeking abortion by a state?
What procedural supply restrictions may be Constitutionally imposed by the federal government with respect to abortion-inducing products?
Should a woman be punished under state law for performing an abortion herself that is allowed to be done by state-licensed medical professionals?
Should an unlicensed boyfriend no matter how skillful be punished under state law for safely & successfully performing an abortion on a woman he impregnated that is allowed to be done by state-licensed medical professionals?
Does anything in the Constitution categorically prevent states from justly trying and punishing the murderers of two-year old babies?
Does anything in the Constitution categorically prevent states from justly trying and punishing the murderers of newborns?
Does anything in the Constitution categorically prevent states from justly trying and punishing persons who needlessly kill babies in the protruding abdomens of their mothers?
Does anything in the Constitution categorically prevent states from justly trying and punishing persons who needlessly kill babies with heartbeats in the abdomens of their mothers?
At what point during pregnancy does a state gain the power to punish the needless killing of a baby in its mother's womb?
Could a father whose DNA code segment patterns are partially contained in a baby obtain a state right with respect to that baby when in a mother's womb?
Can a state have the power to place a restraining order on a pregnant woman to limit fetal alcohol damage?
Does the Article I, Section 8 power to raise armies currently give the Congress the power to ban elective abortions?
Does the Constitution currently give the federal government the power to ban elective abortions?
Will you generally uphold Roe v. Wade as a Supreme Court judge?
Some people think Roe v. Wade is a shoddy piece of legal work, what are your thoughts about that?
Would any person who contributed to the Bill of Rights think Roe v. Wade is fundamentally proper?
Hillary Clinton once said "Abortions should be safe, legal and rare." Do you agree with Hillary Clinton's statement, philosophically?
Is a desire to maintain one's figure a good reason to have an elective abortion?
Is a desire to go skiing in the Swiss Alps in February on a trip a woman has already paid for a good reason to have an elective abortion?
May the federal government under the Constitution block a person who has a prescription for medical marijuana from a state licensed doctor in good standing from obtaining it?
May the federal government under the Constitution block a person who has a prescription for opiate pain medication from a state licensed doctor in good standing from obtaining it?
Can an opiate addict be Constitutionally punished under law for seeking opiates from different licensed providers?
Can an opiate addict under drug court post-conviction supervision be Constitutionally incarcerated for an unclean urine test?
Can an opiate addict be Constitutionally punished under law for refusing treatment?
Can an opiate addict be Constitutionally punished under law for possessing opiates?
Can a state be barred under the Constitution by the Supreme Court from creating a registry to curtail prescriptions if such a registry would cause addicts to resort to often lethal street supplies.
Can the federal government Constitutionally punish a state-licensed medical provider for providing drugs merely to satiate an addict's addiction?
Can a state Constitutionally incarcerate a street dealer for over three decades for selling a personal use amount of an opiate drug in violation of its law?
Did the Federal government legally shell Fredericksburg during the Civil War?
Could President Trump obtain power under the US Constitution to order the deadly bombing of a house in a hostile Middle Eastern region of a terrorist leader who has held US citizenship?
[Females in the military]
Can the US government Constitutionally refuse to allow females to serve on the front lines to prevent their gang rape if captured?
Can the federal government Constitutionally incarcerate young people who are possibly age 13 for entering the US in a manner not authorized by federal law?
Does the Constitution bar a mother of a week-old baby from being incarcerated for committing a crime?
Can a state Constitutionally incarcerate men and women on a radically different basis if scientifically justified?
Can parents Constitutionally refuse a vaccination for their child if the vaccine is federally supply regulated because it is potentially dangerous according to its manufacturer?
[Electronic device searches]
Could the US government Constitutionally punish by law the operating officers of electronic device manufacturers who fail to incorporate a security back door for court-issued warrant-based searching?
[Health care cost funding]
Does the Constitution prohibit states from adding health care cost coverage mandates that would significantly increase the number of persons in the state lacking any health care cost coverage?
Does the Constitution permit the federal government to specially "tax" people who refuse to purchase health care cost coverage?
Does the Constitution permit a state government to specially "tax" residents who refuse to purchase health care cost coverage?
Does the Constitution permit a state government to specially "tax" residents who refuse to purchase health care cost coverage when such coverage would greatly enrich billionaires and further impoverish residents just barely meeting their existing contractual obligations?
Are the federal PPACA personal policy purchase subsidies Constitutional?
Is the PPACA, as amended, now 100% Constitutional?
Does a jurisdiction having an ordinance barring the splitting up of a single family home in a single family housing zone, when the jurisdiction has a severe homeless problem, pose a federal Constitutional issue?
Does a jurisdiction having an ordinance regulating housing unit density, when the jurisdiction has a severe homeless problem, pose a federal Constitutional issue?
Can the generally beautiful and climatically blessed City of Santa Monica be mandated under the federal Constitution to pay to enable any person having a connection to the City to live there?
Can a developer be Constitutionally mandated under state power to provide specially discounted "affordable" housing units to a lucky tiny percentage of the state's citizens?
[Legislating from the Bench]
Are you 100% in agreement with FEDERALIST No. 47 that "the judicial shall never exercise the legislative and executive powers, or either of them."?
That is a lot more than “some”.
Too many questions and a lot of rather odd ones. I suspect we can narrow this down to a half-dozen questions that tell us all we need to know.
Can you explain what a Natural Born Citizen is and why the Constitution requires such for President?
Missed the NBC questions on first reading. I now see the author did mention the matter.
“Do you see yourself as a wise Latina?”
“Who is smarter, Mr.Spock or Yoda?”
Do you agree with the Hindus, that everything in the explicate universe was found within the implicate universe?
Do you believe all the cells of the human body are associational as well as contextual? Example: a person in love communicates this to all the cells from their toes to their heads through emotions.
“Which Seinfeld episode do you consider the best?”
You need a better hobby. Trump’s got this.
Get personal- Is there anything in your past history that would open the door to you being Borked, black-mailed or forced to resign?
A. hired illegals
B. homo activity
C. illegal adoptions
D. anything else: drugs, theft, racial-slurs, etc.
“Trumps got this.”
President Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on February 1, 2017.”
“Get personal- Is there anything in your past history that would open the door to you being Borked, black-mailed or forced to resign?”
Unfortunately, any judge that views the Constitution as Madison or Jefferson would, will be called an extremist.
I have always taught my children that you can hold an opinion different from mine, but if you want me to respect that opinion, you need to know WHY you hold that opinion.
I believe this would be a great set of questions for a collegiate level government class.
Is the Pope Catholic?
Explain the statement “Shall Not Be Infringed”.
Explain the last Episode of The Sopranos.
Other questions for the nominee...
Pepsi or Coke?
Mayo or Miracle Whip?
Is it pronounced “toe-may-to” or “toe-mah-toe”?
Or anything that can be perceived as a racial slur. Reading "Ziggin' and Zaggin" backwards, using the word "niggardly", reading Huckleberry Finn aloud?
That Coke question could be problematic. Just ask Justice Clarence Thomas.
I’ve read elsewhere that Planned Parenthood v. Casey is the Supreme Court abortion standard nowadays.
Who put the bomp in the bomp, bomp, bonp, bomp, bomp?
Didn’t know that a “presidential appointment” to the SCOTUS required an “entrance exam”?
I could probably make up a dozen questions on “basket weaving”, but the best basket weavers in the world probably couldn’t answer them off the tops of their heads.
This whole thread is BS.
How do you understand intellectual property? technology? software? micro-code?
How do you protect against unintended consequences?
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