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Dworkin's Judicial Philosophy Of The Warren Court Against Richard Nixon

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Some weaknesses exist in their theory that the Court should take into account are Dworkin's theory to political and moral controversies is his defense of the judicial philosophy of the Warren Court against Richard Nixon and other critics. Dworkin starts by insisting that a distinction be drawn between which decision is required by strict adherence to the text of the Constitution and which decision is required by a political philosophy that takes a strict view of the moral rights that individuals have against society. With respect to the first position, Dworkin is willing to be labeled a strict constructionist but thinks that it in the second sense is quite mistaken since it requires that rights be limited to those recognized at a fixed date
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From the Constitution’s ratification in 1787 through the 1850s, many American historians shared the consensus that the founding fathers had designed the Constitution the way they did because they were trying to protect the citizens and their rights. James Kent was one very prominent historian among this group. In his book, Commentaries on American Law (1826), he stated “THE government of the United States was erected by the free voice and joint will of the people of America, for their common defence [defense] and general welfare...and it is justly deemed the guardian of our best rights, the source of our highest civil and political duties, and the sure means of national greatness.” (Kent) Essentially, James Kent was trying to convey the point

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Rosenberg first gives rough definitions of the "Dynamic Court" and the "Constrained Court," which he considers the two possible views to be held about the court system's influence, though he believes both are over simplifications by themselves. The "Dynamic Court" sees the judiciary "as powerful, vigorous, and potent proponents of change" (Rosenberg 1991, 2). Proponents this theory alone believe the courts have great power and influence to effect social change, but Rosenberg believes the 'mystification' of the judicial system has given this view more allure than truth. Under the "Constrained Court" theory, courts are "weak, powerless, and ineffective for change," have little power nor influence to

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The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.

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During the presidency of Nixon, he was able to come up with a domestic policy that seemed to have helped the United States and prove effective. Economically, he was very involved especially with trying to dettach the U.S. dollar from the gold currency to utilize the dollar to its maximum potential. He also removed excise taxes which basically put more money into people 's wallets. He also put a 10% tax on all imports into the U.S., this helped boost the economy.

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First of all, let us look over what circumstances caused the Nixon vs. Condon case to reach the court. In 1927, the Supreme Court flattened the Texas law which prevented black people from taking part in the Democratic primary election of Texas, in the Nixon v. Herndon case. Not soon after that decision was made, the Texas Legislature removed the old law and substituted it for a new law. This new statute called for every single political party from that point on to "in its own way determine who shall be qualified to vote or otherwise participate in such political

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In general I would say Richard Nixon was a fairly decent president. During a time where there were many protests amongst the American public (especially the youth) against the troops in Vietnam, Nixon was able to pull the troops out of the war. Nixon also reduced the tensions with the Soviet Union, and helped China join the United Nations. He also helped decrease the amount of racial discrimination by segregating schools in the south. It is a shame though, that those achievements of his are not acknowledged because of the Watergate Scandal.

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United States v. Nixon and Clinton v. Jones should have had the same outcome from the Supreme Court. Both, former President 's violated the law and wanted to use presidential privileges to dismiss their cases. In the United States v. Nixon, the Court had the right to order the President to relinquish the tapes to Congress to use as evidence for the trial against the seven members held accountable. Those accused were owed a duty by the Court to be given a fair and speedy trial. In the Clinton v. Jones case, the Court should have not granted the former President Clinton immunity because the general public needs to realize that not even the President can violate the law and get away with it.

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In her response lecture, Professor West identifies two very significant inconsistencies in Dr. Scott's lecture on the Judiciary. Professor West says, "You can tell a lot about a teacher by what they lecture. You can also tell a lot about a teacher by what they don't lecture or what they leave out"(West, 2:27). This idea is very apparent when it comes to Dr. Scott's lecture. Not only does Dr. Scott leave out some very vital information in his lectures, but he provides misinformation and makes contradictory points in his lecture.

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George Washington Outline (April 30, 1789 – March 4, 1797) 1) Judiciary Act - (1789) This act created the basis for the modern day judicial system. The Judiciary act provided America with its own courts, justices and attorney generals. Another very important court this act created was the Supreme Court. It is still very critical to the government today.

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the president by majority vote for “Treason, Bribery, or other high Crimes and Misdemeanors”.  After going from the house, two-thirds of the Senate must approve this request within the presence of the chief justice of the Supreme Court. o There have only been two successful impeachments in the history of the United States.  Andrew Johnson went against his own party in terms of policies regarding the Reconstruction era after the North won the Civil War.

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On January 9th, 1913 in Yorba, Linda California, Frank and Hannah Milhous Nixon gave birth to their second child, Richard Milhous Nixon. Richard Nixon was the 37th President of the United States of America and most famous for the Watergate Scandal in Washington District Columbia on June 17th, 1973. Nixon passed away on April 22th, 1994, in Manhattan, New York due to a stroke. Richard Nixon and his family lived a very challenging early life. Two of his brothers past away due to separate illnesses as Richard was a child and they lived a poor life.

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Judicial Review was always argued by John B. Gibson, Anti federalist and even President Andrew Jackson, identifying several arguments against it, for example; “Judicial review could lead to political turmoil if the other branches of government, or state, refuses to acquiesce to the court’s interpretation of the constitution”. Anti-federalists were against the judicial review like Brutus, who feared that the court would use judicial review to eliminate the power of the state courts, they believe it’s a threat since it could enforce Supreme Court decisions which President Andrew Jackson disagree with “Judicial review makes the judiciary equal or even superior to the legislature, even though judges are not elected”. Federalist 78 was the 78th

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1. The supreme court is the highest federal court in the United States. It consists of nine supreme court justices. Federal judges are nominated by the president and approved by the senate. Once appointed the justices will serve on the supreme court for the rest of their lives, unless they are impeached.

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Dworkin believes that judges do not have discretion. This is a counter position to my argument that judges do have judicial discretion. Firstly, we need to look at what Dworkin and positivists mean by discretion. Dworkin distinguishes between ‘weak’ discretion and ‘strong’ discretion.

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