ipl-logo

Supreme Court Case Analysis

1097 Words5 Pages

a) Article III of the Constitution provides a foundation for the federal courts. i) The judicial system represents 1 of 3 branches of the federal government, yet the Article is extremely open ended. (1) The appointment of a federal judge is decided by the President, as state in Article II, Section 2, Clause 2. (2) The vague nature in regards to SCOTUS: , “The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.” (a) The phrase, ‘during good behavior’ is indicative of a lifelong term. This can be traced back to the Settlement Act of 1701. (i) This document states …show more content…

i) Alexander Hamilton (in the Federalist Papers) appointed judges were viewed as the ‘least dangerous’ of all branches of the federal government. They held no power of the sword or the purse. (1) This idea is outdates, federal courts hold extensive influence on national laws and policies. (2) Supreme Court rules on decisions regarding the sword and the purse. ii) Tenure of a SCOTUS judge is on average 26.1 years, however in the beginning, it was closer to 7.5 years. c) American process of life tenure is fundamentally flawed, resulting in justices remaining in positions of power for significantly longer periods of time than ever before…thus reducing the Efficacy of democratic checks, provided by the appointment process. 2) A-political a) It was intended that the Supreme Court would be a federal branch of government, immune to politics and personal philosophies. Politics, in general, prevent federal judges from fully upholding the constitution as it was meant to be interpreted. Lengthy terms-> litany of problems. i) Must be independent & a-political (a) 57% of voters are very concerned that Federal judges make decisions based upon political agenda rather than rightful …show more content…

(a) NYT’s: justices are significantly more likely to support the plaintiff if their appeal matches the courts political viewpoint.. (i) Justice Scalia, voted in support of free speech rights of conservative speakers 3 times as often as liberal speakers. (ii) From 1986 to 2011, Scalia voted in favor of conservative cases 65% of the time. (4) Elena Kagan is the 4th women to ever serve as a supreme justice. (a) Higher court turnover rates could potentially benefit the court by creating more opportunities for gender and race diversification. (5) Term limits would reduce political influence. (a) Filling Supreme Court seats is a ‘cardinal presidential power’, however life tenure creates a game of political chance. Court justices strategically plan their retirement so as to ensure that the presiding judge will have similar political views (ie. Democratic vs. republican) 1. Wait for a like-minded president. 2. This causes politically minded justices to remain in court longer, thus leading to a life tenure. (refer to Harvard

Show More
Related

  • Law Clerks In Storm Center By David O Brien

    886 Words  | 4 Pages

    As O’Brien analyzes this transition it can seem as though the modern Justices are just trying to put their work off on other people. However, this just merely scratches the surface of what’s actually going on. The growing importance of law clerks over time not only reflects the growth and expansion of the United States as a whole but also shifts in how our society functions. As a result, the Court has had to take on more responsibility, while also changing the way they approach their jobs. There is no doubt that the Supreme Court has become more institutionalized since its founding, due its growing caseload.

    Read More

  • Accomplishments Of President John Marshall

    852 Words  | 4 Pages

    John Marshall, the fourth chief of justice to the U.S. Supreme Court, became perhaps the nation’s “most illustrious judicial figure” according to Charles Evans Hughes (Simon, 2012). He was strongly committed to the need to create a strong and effective government. Marshall quickly became a prominent political figure of the Federalist Party in the 1790’s, and in early 1801, he was appointed to the Supreme Court by President John Adams. On assuming his duties, Chief Justice John Marshall took immediate action to strengthen the power of the Court (Fox, 2006). He raised the United States Supreme Court from an anomalous position to majesty and power.

    Read More

  • Pros And Cons Of The United States And Military Legal System

    944 Words  | 4 Pages

    The 50 states and the District of Columbia can have their own laws and legal system which includes courts, prisons, and law enforcement officers. The United States also has the Civil Court, Criminal Courts, US Court of Appeals, US District Courts, and Supreme Court which is the highest court in the land. The President of the United States appoints nine Supreme Court judges who hold their office for life.

    Read More

  • Term Limits In The Supreme Court

    339 Words  | 2 Pages

    The Supreme Court is an extremely important part of government. As such, we need healthy judges that are on top of their mental game. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. If we have newer judges they will have a different point of view. In the article, Christopher stated that “It would mean a court that more accurately refers the changes and judgements of the society.”

    Read More

  • Summary: The Importance Of Diversity In The Supreme Court

    607 Words  | 3 Pages

    One important fact is that all members of the Supreme Court graduated from just three Ivy League law schools. All nine justices, either attended Yale or Harvard University. 2. Another fact, is none of the members are Protestant. Not a single one, is an evangelical Christian or a Protestant of any other denomination.

    Read More

  • Pros And Cons Of Judges Being Appointed

    167 Words  | 1 Pages

    The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

    Read More

  • Summary Of Gerald Rosenberg's Book 'The Hollow Hope'

    710 Words  | 3 Pages

    Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.

    Read More

  • Summary Of Broken Bench

    247 Words  | 1 Pages

    The article Broken Bench explains the controversy over having “tiny courts” in New York State. The author, William Glaberson argues that the idea of justice within the jurisdiction of these tiny courts is unfairly decided among the justices in charge. Due to the lack of experience of these justices, it is difficult for fair justice to be dealt out. One of the major causes explained by the author for unfair justice is that the justices of the court are very inexperienced. For example, William Glaberson states, “Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles.

    Read More

  • The Constrained Court

    429 Words  | 2 Pages

    Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.

    Read More

  • Why The Judicial Branch Is The Most Powerful

    478 Words  | 2 Pages

    Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.

    Read More

  • Judge Dee Character Traits

    1389 Words  | 6 Pages

    His rulings as a judge will set the precedent and expectation for the people of the district. There are three cases that

    Read More

  • Essay On Judicial Selection

    801 Words  | 4 Pages

    Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

    Read More

  • Review Of Reading Marites Vitug's Shadow Of Doubt '

    1263 Words  | 6 Pages

    Mathew B. Utan 2010-44419 A First Year Law Student Reads Vitug’s Shadow of Doubt: Probing the Supreme Court “The mystique shrouds the Court in a forbidding but, at the same time, venerable aura that enhances its power. Justices are sometimes referred to as the “gods of Padre Faura” and the deities of Mt. Olympus” and to reveal themselves would mean losing their protective mantle.” Reading Marites Vitug’s Shadow of Doubt: Probing the Supreme Court had me saying “I knew it!”

    Read More

  • How Judges Think: The Nine Theories Of Judicial Behavior

    1189 Words  | 5 Pages

    The making of a decision is always composed of opinions, beliefs, and past results. Analyzing a particular decision and its effect on individuals or groups is simple to evaluate. However, understanding the premise, process, and thought needed to compile these conclusions is far more complex. Such is the case with Judges and their forms of judicial behavior that lead them into forming conclusions. Political and legal theorist have tormented themselves trying to figure out how judges really behave.

    Read More

  • Essay On Becoming A Federal Judge

    495 Words  | 2 Pages

    Have you ever wondered what it would be like to judge someone’s fate? This is what a federal judge does almost every day. A federal judge is a person who decides cases in court. While some believe that judges’ have an easy job, it is very stressful. Even though it is a hard job it is a very important role in society and a highly respected occupation.

    Read More

More about Supreme Court Case Analysis

Open Document