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Supreme Court Vs Circuit Court

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There was much disagreement among the framers in regard to the strength of the Supreme Court’s power as a branch of the federal government. As with the disagreement over policy concerning slavery, no consensus could be arrived at. So the founders deliberately resolved to stay silent on the scope and range of the Court’s powers, rather leaving that up to the Legislature (Bianco & Canon, 2015). Many changes have been witnessed throughout American history to the Judiciary branch, ranging from its number of justices to its complex, web-like structure of district and circuit courts. So how does today’s Supreme Court stack up when compared to the other branches of the federal government? To answer this, we must review, in detail, the decision …show more content…

Reflecting on these attributes, they seem to create a dilemma for the institution. On one hand, the justices can be seen as insulated from the normal pressures and politics inherent to a governing body - making it seem less democratically responsive. While on the other hand, its singular voice can be seen as an influential partner in the policy making process. One reason for this dilemma, is that instead of the arduous campaigning and election process that politicians must endure, justices are appointed to their positions by the president and confirmed by Congress. At first glance, this may make the branch appear weak and at the mercy of the legislature and executive. Afterall, wouldn’t you feel indebted to the person who gave you lifelong job security? But, at the same time, the Supreme Court Justices’ salaries are protected by the Constitution. From that, it can be concluded that Congress does not have the ability to …show more content…

This model hypothesizes that the judges follow the laws as written, until they are no longer clear. Then, it is each judge’s personal ideology and political attitude that guides them in their decisions. In following this logic, the judges can be, at times, unconstrained by the law and can operate dynamically, depending on who is serving. This can be used as a solid predictor for how each judge will decide. Looking at the current Supreme Court, Ginsburg appears to possess the most liberal ideology while Thomas is very conservative and Kennedy is closests to the middle and often operates as the swing vote. However, if this model was to be foolproof, it would be hard to explain Justice Roberts’, a more conservative member of the court, decision in upholding the Affordable Care

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Summary Of The Supreme Court Case Of Gideon V. Wainwright

1023 Words | 5 Pages

When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.

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

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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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Alexander Hamilton's Report Of 1800 On The Virginia Resolution

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SCOTUS is a far cry from Alexander Hamilton’s claim in The Federalist #78 that the judiciary “will always be the least dangerous to the political rights of the Constitution; because, the judiciary lacked the powers of the purse and of the sword, it had neither force nor will, but merely judgment.

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797 Words | 4 Pages

On the other hand, Marshall ruled the Judiciary Act of 1789 to be “an unconstitutional extension of judiciary power into the realm of the executive” (Marbury v. Madison, history.com). In spite of settling this dispute, ultimately, the Supreme Court elevated and contributed to its power by establishing its right to judicial review of laws made by Congress, that power not implicitly included in the Constitution beforehand (Marbury v. Madison, www.inspireeducators.com). All things considered, the Marbury v. Madison case granted the Supreme Court of the United States (S.C.O.T.U.S.) the power of judicial review, therefore allowing the Court to declare laws passed by Congress to be unconstitutional. This had and still has a tremendous and significant impact on the United States because if not for it, the laws passed could not be declined or conferred further about, or in other words, struck down and reviewed. Our judicial system would be limited.

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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.

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The legislative and the executive branch play major roles in choosing who gets to be on SCOTUS, as the President has the power to nominate justices, and the Senate has the power to confirm them. In recent years, the politics of the Presidency and the Senate have begun to affect SCOTUS. Senate Leader McConnell

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What sets the judicial branch apart from the others is the inability to execute the laws and carry out their own decisions made in the high court. Just as it is the executives place to enforce the laws and the legislation to construct laws, it is the responsibility of the courts to determine if the Constitution has been

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1067 Words | 5 Pages

Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.

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Accomplishments Of President John Marshall

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Maryland remains as one of the United States Supreme Court’s most important decisions and was the very first case in which the Court applied the Necessary and Proper Clause. By establishing the doctrine of implied powers, this decision helped eliminate the need for many amendments that attempted to expand congressional powers. It also enhanced the importance of explicit restraints on congressional powers such as those found in the Constitution and the Bill of Rights (McCulloch v. Maryland, 2014). The case of McCulloch v. Maryland presented the Court with two questions: Did Congress have the authority to incorporate a bank, and was it constitutional to impose a state tax upon such a bank? The answer to the first question, according to Chief Justice Marshall, was yes and to the second was no.

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The important powers that came after Marbury vs. Madison, such as interpreting a person’s problem and judicial review, show that the Supreme Court really does affect the political process. In fact, once judicial review came into effect, the whole system of government changed. Before judicial review came into play with the help of John Marshall, the legislative branch or executive branch could create a law without interference. However, once judicial review came into play with the help of John Marshall, the legislative branch and executive branch were forced to see whether the Supreme Court would approve of their suggested laws and bills (Edwards III, Wattenburg, and Lineburry

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John Marshall Influence

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This momentous change is what sets the scene for the developments that were to come. In two highly influential cases, McCulloch vs. the State of Maryland, and Gibbons vs. Ogden, the Supreme Court, under the guidance of Marshall, ruled that the federal judiciary can reverse the decisions made by state courts. These changes represent the groundwork for the US Supreme Court and continue to be reflected in today’s society. In 1821, John Marshall’s amends to the system of the law continued as, in Cohens vs. Virginia, the ruling assisted in establishing the parameters for conflicting local and state laws. John Marshall continued proudly serving on the Supreme Court until his death on July 6th, 1835.

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The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case

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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.

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