As has been argued many times, whereas trial courts are obligated to settle disputes between the litigants, appellate courts must also be concerned with setting judicial policy for their communities. Perhaps the central dilemma then is deciding to what degree an appellate court is justified in establishing policy. In Chapter 9 of the Banks/O’Brien book, the authors examine the Methods of Constitutional Interpretation, while in Chapter 10 they discuss Judicial Policymaking generally.
Write a discussion paper discussing: (1) which model of judicial decision-making (as discussed in the book) is the most accurate one; (2) whether the U.S. Supreme Court should recognize any boundaries when establishing policy; and (3) what method of constitutional interpretation the justices should observe; …and why?
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