ipl-logo

Supreme Court Pros And Cons

1328 Words6 Pages

Allisha Beggs
PS110
Gordon Vurusic
April 16, 2018
The Supreme Court In 1788, the United States first established the Judicial, Executive and Legislative Branches of the Federal government in the Constitution, Article II specifically outlines the powers of the Court. “The judicial power shall extend to all cases, in law and equity, arising under this constitution, the rise of the United States, and treaties made, or which shall be made, under their authority.” (US const. art. II, sec. 2). The third article seems to be the least detailed leaving it open for interpretation, the establishers of the Constitution were most likely taking this fact into consideration because they could not foresee the future of America, how much we would grow and that we could come this far. By leaving the third article open …show more content…

The Republicans were asking questions like “whether she has the kind of deeply conservative judicial philosophy the president promised” ("Republican Party Could Derail Supreme Court Nominee Harriet Miers."). This proves branch of government that is supposed to be politically independent, is ultimately formed by the vision of president and Senators that are in office at the time, with a little influence from the public. It’s shocking to think that strong groups can force nominees to resign from elections. But Miers case proves that the public has the ability to change the president's initial decision regarding justices. Bush had initially nominated her for Supreme Court justice, but after the backlash they both received from the Republican Party, she quickly resigned. The court seems to take the majority of the populations opinions and safety into consideration on most of their decisions. Taking a closer look at a few major cases it becomes clear. In Brown v. The Board of Education, the court's decision was “consistent with the social mores of the nation as a whole” (Joondeph, 2004), the southern

Show More
Related

How Did Oliver Ellsworth Influence The Development Of The Judicial System

2211 Words | 9 Pages

Shaping The Courts of America: The Judiciary Act of 1789 On the 17th of September in 1787, the delegates of the thirteen American colonies gathered at the Constitutional Convention in Philadelphia and signed the document that is known as the Constitution of the United States of America. On the 21st of June in 1788, the Constitution had been ratified by eleven of the thirteen colonies, and other laws and acts were being discussed as well by the representatives. While the Constitution had done a phenomenal job at creating and outlining the legislative system in Article 1 and the executive system in Article 2, it was very vague when describing the judiciary system and its powers in Article 3. As a result, the Senate deemed it necessary to appoint a committee responsible for making judicial outline.

Read More

Elastic Clause

933 Words | 4 Pages

Woodrow Wilson once referred to the Supreme Court as “a constant constitutional convention in continuous session”, due to the role they have played in interpreting the constitution as it is written. Due to the ambiguity found in much of the phrasing in the constitution, judicial interpretation of the constitution can be considered both necessary and inevitable (Comer, Gruhl et al., 2001). The courts have the power to declare unconstitutional the actions of the other branches and units of the government in what is known as judicial review (Tannahil, 2002). The first case in which the court elaborated on the principle of judicial review was that of Marbury v. Madison in 1803 and put forward that in the case of conflict between the constitution and a statute, it is “the duty of the judicial department to say what the law is” (Smith, 1975). Following this, the case of Fletcher v Peck (1810) is of equal importance as it was the first case in which a state law was declared by the court to be unconstitutional.

Read More

How Did John Marshall Have The Power Of The Supreme Court

1165 Words | 5 Pages

When the Constitution was written and the United States Government formed it consisted of three branches, the Executive, the bicameral Legislative, and the Judicial branch. When the United States Supreme Court was revealed in February 1790 it was little more than an appeals court. It had little power, and met but twice per year. The judicial branch was the weakest of the three branches. It consisted of six justices, with one being the Chief Justice.

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

Circuit Courts Dbq

712 Words | 3 Pages

The meaning of Article III was left open to interpretation. In 1789, shortly after the Constitution was ratified, Congress passed the Judiciary Act of 1789, which established the federal court system. Congress created a Supreme Court, three circuit courts, and 13 district court, one district court for each of the 13 states. The Constitution was not specific about the number of justices that could be appointed to the Supreme Court.

Read More

How Did John Marshall Influence The Supreme Court

1163 Words | 5 Pages

At its inception, the Supreme Court was a vague idea created by tired delegates at the Constitutional Convention. Today, the judiciary is arguably the strongest branch in government. The person responsible for the inception of such a strong judicial branch is John Marshall. With his decisions in the Supreme Court, John Marshall used his Constitutional interpretation to grant powerful jurisdiction over the federal government, and to ensure a republic of the people rather than being in complete control of rich white men for the entirety of America. These decisions led Marshall to shape the Supreme Court by his granting of power to match the other branches of government to the modern age.

Read More

Pros And Cons Of Packing The Supreme Court

564 Words | 3 Pages

Samad Quraishi Mr. Mesa US/VA Government Honors 11 January 2023 Prompt: Is "court-packing" an appropriate response to criticisms directed at the United States Supreme Court? Packing the Supreme Court (SCOTUS) is a bad idea. SCOTUS has been the highest court of the land throughout our country's history. They have the power to determine whether a law is Constitutional or not, yet in recent years the court has become overwhelmingly conservative and politicized.

Read More

The Pros And Cons Of A Politicized Supreme Court

260 Words | 2 Pages

Taking a significant step away from the Framers’ vision of the judiciary and stepping closer toward a politicized Supreme Court that acts as a super-legislature and super-regulator; Massachusetts v EPA, in a 5-4 decision the Supreme Court stepping closer toward a politicized Supreme Court that acts as a super-legislature and super-regulator (p. 176, Rosenbloom, 2015, Vicara, 2017). In this decision, the Court substituted its judgment for that of the politically accountable branches of the federal government. In doing so, the Court undermined the legal rules of standing. The majority also supported its decision with a one-sided and unsophisticated account of the scientific evidence for the petitioners’ claims concerning climate change, needlessly

Read More

Pros And Cons Of Justice Ginsburg

1608 Words | 7 Pages

Justice Ginsburg might be described as Thomas’ polar opposite. Ginsburg voted with the minority liberal bloc in favor of the Federal Election Commission in Citizens United (558 U.S. 310, 316). In every recent case in which the issue was free speech in campaign spending, Ginsburg has voted in favor of stricter restrictions (Washington University Law). She has voted in favor of the Federal Election Commission in every recent case of this issue area, indicating a preference for government restriction of some political speech. She helped to set the precedent in McConnell that Citizens United overturned.

Read More

The House On Mango Street Literary Devices

570 Words | 3 Pages

The story The House On Mango Street was published in 1983 by a female author going by the name of Sandra Cisneros. She was born on December 20, 1954, in Chicago, Illinois. Cisneros was influenced to write The House On Mango Street because of her childhood home that she used to live in. The main character, Esperanza, grew up very lonely with no friends. This relates to Cisneros because she also grew up very lonely and without friends.

Read More

Supreme Courts Dbq

1112 Words | 5 Pages

I believe this particular decision was one made in haste and based solely on political preference rather than based on having a fair and impartial electoral process that would benefit society rather than the justices. The Supreme Court stepped in and decided the election for the voters, which was an

Read More

Federal Courts Turning Point Analysis

388 Words | 2 Pages

There are three key turning points in the history of federal courts those are, the U.S Constitution, th Judiciary Act of 1789, and the Judiciary Act of 1891. When it comes to the Constitution, it did not create America 's courts, for the reason that courts were already in place and operating before the Constitution. However, the U.S Constitution spelled out the structures and functions of the Judiciary in Article III. The first governing document in the United States was the Articles of Confederation. This document had a very short history, and that showed that it was lacking in several aspects.

Read More

The Pros And Cons Of Supreme Court Justices

279 Words | 2 Pages

I believe that a person can predict a decision that the Supreme Court Justices make because of their views are liberal or conservative. Because of their views on either side, they deal with cases by finding loopholes to interpret the laws to make it suitable for the case that works on their side (Pollack, 2017). The final legislation and authority in this country are The United States Supreme Court, despite the objective decision making they decide constitutional cases which are sometimes far from a neutral outcome. The federal judges and the Supreme Court Justices and appointed by the president because it is a political contest between the liberals and the conservatives so that when there is a substantial issue like abortion, there is only

Read More

Judicial Review Pros And Cons

741 Words | 3 Pages

Robert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.

Read More

Supreme Court Vs French Constitutional Council

1041 Words | 5 Pages

The Supreme Court makes up the judicial power of the United States and was brought into place with the Judiciary Act of 1789. The Supreme Court bounced around with different numbers of members that made up the Supreme Court until

Read More

More about Supreme Court Pros And Cons

Related Topics

Open Document