Should the US Supreme Court Decide Cases Based on the Constitution or on Fairness?

[bondsman]

Making decisions purely based on law can often lead to situations where most would agree the verdict is unfair. It it really a crime when an eighteen year old has sex with a seventeen year old? It's often lenient, but there is still a record. The original poll I think should have used "common sense" rather than "fairness". I agree both are subjective, but that's why we have very knowledgeable people in law that can make common sense decisions, and should be able to.

[lucy]

Making decisions purely based on law can often lead to situations where most would agree the verdict is unfair. It it really a crime when an eighteen year old has sex with a seventeen year old? It's often lenient, but there is still a record. The original poll I think should have used "common sense" rather than "fairness". I agree both are subjective, but that's why we have very knowledgeable people in law that can make common sense decisions, and should be able to.

Again, i think that exactly this should not happen. Although it sounds convincing, a judge should do nothing but decide by the law, and only the law. If this goes against fairness or common sense, the law (or constitution) should be changed. The keyword is subjective, and that's exactly what should be avoided. We all know that sticking to the law still is subjective enough, of course.
What one person in the judicial system might find fair might be utterly unfair to the next one. And the result of this would be arbitrary decisions.

[Ragoczy]

Again, i think that exactly this should not happen. Although it sounds convincing, a judge should do nothing but decide by the law, and only the law. If this goes against fairness or common sense, the law (or constitution) should be changed. The keyword is subjective, and that's exactly what should be avoided. We all know that sticking to the law still is subjective enough, of course.
What one person in the judicial system might find fair might be utterly unfair to the next one. And the result of this would be arbitrary decisions.

Exactly, a prime example of changing the law to address this is Kelo vs. New London.

A Supreme Court case where the city of New London, CT used Eminent Domain to take the private property of an individual (they owned a bed and breakfast) to give it to another private individual (a developer who wanted to build condos, I think). The cities argument was that the condos would provide more tax revenue, therefore were better for the city and, as such, met the "public use" provision of Eminent Domain.

The Court's decision (5-4) was that this action was Constitutional and legal under Connecticut and Federal law.

The dissent argued that "public use" didn't mean "public good" and that giving the land to another private owner was not Constitutional.

To decide this case on "fairness", well, fair to who?

To the owners of the bed and breakfast, it's not fair that they had their property taken.

To the city, it's not fair that they didn't have the optimal tax base provide services to the community.

To the developer, it's not fair that he can't build his condos.

To the other residents of the city, it's not fair that not collecting those higher taxes means they have to pay a larger share or have reduced services.

To the neighbors of the property, it's not fair that their nice view of a quaint bed and breakfast is changed to a high-rise condo building.

So, when we ask the judge to be "fair" -- who do we mean fair to?

The Kelo case hinged on interpretation of the "public use" clause in the Constitution and set the precedent that private property can be taken by the State and given to another private party to increase tax revenues.

Public backlash was strong and now most States have passed, or soon will, legislation to clarify "public use" to exclude transfer to private developers.

If it were left to "fairness", each instance of Eminent Domain would be left to the interpretation of the individual judge as to whether it was "fair".

[Ragoczy]

Making decisions purely based on law can often lead to situations where most would agree the verdict is unfair. It it really a crime when an eighteen year old has sex with a seventeen year old? It's often lenient, but there is still a record. The original poll I think should have used "common sense" rather than "fairness". I agree both are subjective, but that's why we have very knowledgeable people in law that can make common sense decisions, and should be able to.

First, we're talking about the Supreme Court, whose primary purpose is to decide issues of Constitutional Law, not State Criminal Court.

In State Criminal Court, the issue of "common sense", "fairness" or even "justice" has an advocate -- that being the jury. It's the jury's duty and right to judge the law in addition to the facts of the case and they can return a not guilty verdict if they believe the law is unjust or unjustly applied.

The issue of allowing "very knowledgeable people" make "common sense" decisions is that they don't all have common sense. And what you think is "common sense" might be patent absurdity to someone else -- that's why we have a codified set of laws, rather than leaving it to the arbitrary, subjective view of an individual.

[mkemse]

First, we're talking about the Supreme Court, whose primary purpose is to decide issues of Constitutional Law, not State Criminal Court.

In State Criminal Court, the issue of "common sense", "fairness" or even "justice" has an advocate -- that being the jury. It's the jury's duty and right to judge the law in addition to the facts of the case and they can return a not guilty verdict if they believe the law is unjust or unjustly applied.

The issue of allowing "very knowledgeable people" make "common sense" decisions is that they don't all have common sense. And what you think is "common sense" might be patent absurdity to someone else -- that's why we have a codified set of laws, rather than leaving it to the arbitrary, subjective view of an individual.

Yes but doesn't any Judge even at State Level use his/her "Commom Sense" I do not believe that there is any difference in "Comom Sense" used by a Judg or Judges be they State or Fedral
Andafter trial when it is up to the Judge to pass sentence not a Jury what 1 Judge State Level may pass as sentence and another one at State Level will do will be different by either thier "Commom Sense" or THEIR Interptation of the Law anss the sentences they can hand down
You can have 2 people before 2 different State Jdges passong sentence and 1 may sentence 1 person to 6 years another may sentence for the same crime 3 years. it is up to ANY Judges Interatation not only of the Crime Committed, butthe Law and the Sentences they are allowed to pass
I am not sure you can differentiate her that State Level & Federal Level operate differently

[Ragoczy]

Yes but doesn't any Judge even at State Level use his/her "Commom Sense" I do not believe that there is any difference in "Comom Sense" used by a Judg or Judges be they State or Fedral
Andafter trial when it is up to the Judge to pass sentence not a Jury what 1 Judge State Level may pass as sentence and another one at State Level will do will be different by either thier "Commom Sense" or THEIR Interptation of the Law anss the sentences they can hand down
You can have 2 people before 2 different State Jdges passong sentence and 1 may sentence 1 person to 6 years another may sentence for the same crime 3 years. it is up to ANY Judges Interatation not only of the Crime Committed, butthe Law and the Sentences they are allowed to pass
I am not sure you can differentiate her that State Level & Federal Level operate differently

They differ quite a bit -- the Supreme and Appellate Courts are designed differently and have different purposes than the Criminal and Civil Courts that a case is first heard in.

In the latter, the focus is on the facts of the case -- in the former, it's on procedure and the law. These are two different goals, and are different for reason.

The purpose of the lower Courts is to arrive at a verdict based on the facts of the case and the issue of "justice" or "fairness" is in the hands of the jury; the higher Courts have a different burden, that of judging the law as it was applied to the case. They must be guided by the actual law, not their opinion or sense of "fairness", else we're back in the days of rule of men not rule of law.