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Segal And Spaeth's Argument Analysis

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In regards to the detailed studies of both Segal and Spaeth, and Brenan and Stier, valid points had been made for both sides of the argument. The question posed is rather or not stare decisis still exist in the courts rulings today. Segal and Spaeth analyze the rulings of dissenting judges of landmark cases since the start of the Warren Court while excluding cases with unanimous decisions and cases without progeny within the legal period. The areas of which they dissected and constructed the particular datasets for analyzing is superb as it specifically narrows down the specific information there looking for within their results. The findings from there assessments concluded that precedent did not play a overwhelming role in the sub sequential …show more content…

In today’s society I still believe that precedent plays a huge role for courts decisions as it sets the framework and guidelines for the deliberating process of certain cases and decisions. Yet unlike in the past in which precedent reigned superior amongst all other factors in court decisions it no longer settles cases by itself. For this reason I agree more with the finding and conclusion of Segal and Spaeth who both acknowledge the idea that precedent still has a role in the court but it does not carry the same legitimacy in court ruling as it once did in the past. In contemporary society it has become somewhat clear that stare decisis is starting to decline in popularity in landmark rulings suck as the same sex marriage ruling. What was once considered state judgments and excluded from federal intrusion has now become federally mandate law upheld by new decisions which contradict ruling of the past which only legally recognized marriage between opposite gender couples. Precedent has not completely been thrown out the books but it is gradually losing relevancy amongst contemporary court rulings which rely heavily on the use of contemporary opinions as opposed to legal …show more content…

Even with certain restrictions and checks of power the president still maintain some significant areas of power over congress such the ability to veto legislation passed by congress. This ability grants the president a significant amount of power over the legislative process in the U.S as ultimately he is able to set the agenda of the country’s political schedule, and determine the direction of the country’s political schedule. Along with the ability to enact vetoes without the interference of a hostile congress uncooperative congress. The president also posses the ability to set the agenda for what legislation to recommend to congress and to what priority level each recommendation should be given. This power does come with its limits though as most situations do not give the president the ultimate authority to force congress to address his proposal and he must instead convince congress to address his issue with priority. With this immense amount of power comes extreme limitations which can sometimes severely hamper the effectives of a presidential term. Unlike the misconstrued widely held belief of most Americans the President is not able to single handily reshape the economy, engage in military conflicts, or dictate the pace of legislature. In terms of passing new legislature or economic reform the president

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So if a judge doesn’t agree with the higher courts policy he or she may apply it cautiously or under pressure. When our lower courts get a case with no standard, they will sometime look elsewhere for the direction in determining a case before them (United States Department of State Office of International Information Programs,

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However, the main affect this decision has on today’s society is the way justice must be carried out in the court of law and the way a person’s rights should be protected even if they’re guilty or

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President’s power is seen as persuasive because it involves bargaining that stems from their position, status, and prestige (Howell). Because the president’s power is more in a persuasive scale, he has scarce sources to reach the large expectations of the public. The President takes his ideas for new policies and expectations to the office but to achieve it, he must work together with the Congress (Neustadt 30). Second, the unilateral perspective from William G. Howell comprehends presidential power as a power beyond persuasion and negotiation with the Congress. For this perspective, presidents have direct power on government and public policy.

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Of the many roles the president plays for the American government, acting as the commander in chief is very important for the common good. The commander-in-chief 's main tasks are to leave the United States military, make decisions in times of war and to control the Armed Forces. However, to prevent excessive military control, checks and balances only allow Congress to declare war, not the

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Throughout American history, there have been numerous shifts and changes in politics and in the government. From the time George Washington was sworn into office in 1789 to Andrew Johnson’s assumption of presidency in 1808, one of the most prominent changes is the transformation of the presidential power and interpretation of the Constitution. As time goes on, the influence of the president gradually expands and evolves from a tightly constrained role into a significantly powerful position. The authority of the president grows along with the expansion of the nation's prosperity and prestige in the world. During the Revolutionary War in the late 18th century, the Founding Fathers created America and established a new system of governing.

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The use of these powers determine if the president is going beyond the limits of the office. Many argue that the president has abused these powers with the use of the Unitary Executive Theory, which states that the Constitution puts the president in charge of executing the laws, and that nobody can limit the president’s power when it comes to executive powers. It therefore tips authority from Congress to the presidency, upsetting the power of checks and balances.

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The powers of the president aren’t very strict because the other branches watch to see what they are doing. The powers included: making laws, signing treaties, appointing judges, filling up vacancies, appointing Ambassadors, and granting reprieves and pardons. Some presidents used the powers well, while others did not. The one president that used them the greatest was Washington, the greatest, and the first. He wielded the powers to impact the growing United States most effectively by signing treaties to enemies, passing acts,and trying out the National Bank.

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He or she is the commander is chief of the armed forces. The President also nominates judges and justices and maintains the cabinet. These powers don’t seem very powerful. But however, the President can be very powerful, especially when the Congress and the President work together, for example when the presidency and the Congress are held by a single political party. In this case, it is very common for the President to set policy that the Congress merely rubber-stamps.

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Rachel and J. Gay-WIlliams have opposing ethical positions regarding physician-assisted suicide or euthanasia. Rachel backs his ethical approval of euthanasia with two strong arguments. His first argument is the “Utilitarian version of the argument” (Rachels, RIght Thing To Do, 350). This basic claim is that “any action or social policy is morally right if it serves to increase the amount of happiness in the world or to decrease the amount of misery” (Rachels, RTD, 350). Since those who would be euthanized would become relieved of their unpreventable and agonizing pain (i.e. misery) euthanasia would be morally right.

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The modern presidency powers have evolved from the evolution of the past combination of constitutional and evolutionary powers. The greatest fears that the anti-federalist once vision the President would have back in 1700 finally became fruitful from strong President Personalities. George Washington, John Adams, and Thomas Jefferson were major influences in the early years of the 1800s, which shaped the President’s role in the national government. It was not until the 1930s after the 18th and 19th centuries when the shift of the dominant power of the Congress to the President in the national government. Then what is now seen in the 20th and 21st Century where the power of the executive branch currently has been at least equal power to the legislative

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“The president 's power is felt all over the world.” No nation is so remote from the U.S. that they can avoid the repercussions of American diplomacy. The president can abuse their powers and it will affect the U.S as well as other countries that associate with us. “The formal powers as listed in the Constitution say little about a modern president 's real power.” Modern presidents have way more power than was is listed in the constitution, they do not have to follow the guidelines completely like past presidents would have had to.

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[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

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But how much power does he actually have? The president has a number of specific powers. He can issue executive orders and he can extend pardons for federal crimes. He has the power to sign legislation into law, or veto bills enacted by Congress.

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In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray

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Precedents have a great importance in court’s decision. • Legal Sources: They are known as the instrument through which legal rules, law or principles are established: Legislature: Legislature is an essential part of state established by the parliament consisting of elected officials. Members of parliament present the bill which after thorough discussion approve or reject it. If the bill is approved from parliament, then senates looks through it and approve it with consultation, and it becomes an act. All the acts passed by governing authority can be challenged through judicial

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