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The article, “The Anti-federalists Were Right”, from Mises Daily, by Gary Galles, written on Sept. 27, 2006, is about the accuracy of the outcome of the Constitution that the anti-federalists had foretold. The anti-federalists did not approve the U.S. Constitution. They feared that it would form a tyrannical central government, even though the supporters of the Constitution guaranteed that a government like that would never be created. Anti-federalists informed Americans that the Constitution would affect our freedom and the money we own. They wanted to establish the Bill of Rights to form a boundary between the rights of the people and the government.
This statement from the passage shows that the Supreme Court is depended on to choose what’s right and what’s wrong for us. Secondly, I believe that the Supreme Court is given too much power because the Judicial branch, which includes the Supreme Court, is envisioned as superior than the others. In
They believed that the state should hold the major power to protect everyone’s rights and by putting more power on the executive branch and weakening the states, the antifederalists believed that there will be potential abuses from the government such as absolute ruling. In document G which is from the Antifederalist papers, “Brutus,” explains the senate as part of the Aristocratical part and the Executive branch as the monarchial branch. He believes that the Supreme Court can interpret the constitution as to how they would like it to mean and will cause the government to be modified to a structure that they please. This might cause the depletion and validity of the legislation and the judiciary branches. In addition, putting great power on any men can cause the people to be oppressed.
During the ratification debate, Anti-Federalists were opposed to the Constitution. They argued that the newer system threatened liberties of the people, and failed to protect individual rights of Americans on a general scale. The Anti-Federalists weren 't exactly a united group, but instead involved many elements. One faction of Anti-Federalists opposed the Constitution because they believed stronger government threatened the sovereignty of the states in their entirety; Others argued that centralized government would have identical characteristics of the monarchical properties of Great Britain which they fought to sever themselves from prior. While others feared that a new government threatened personal liberties.
Supreme Court Judge Clarence Thomas is a justice who 's philosophy on law has created judicial restraint due to his past and being voted in by the most narrow margin in United States history. If Judge Thomas attempted to create judicial activism and question the current laws in place it could potentially start of landslide of problems internally with other Justices and with the public. With only one year of experience prior to his appointment and replacement of Judge Thurgood Marshall, Supreme Court Justice Clarence Thomas must be as conservative as possible so that he does not draw unwanted attention to him self.
Anti-federalists felt as if the Constitution was a threat for the United States and it would only be the beginning of becoming a corrupt country. Amos Singletree said in his speech, “These lawyers and men of learning, and monied men, that talk so finely and gloss over matters so smoothly, to make us poor illiterate people swallow down the pill, expect to get into Congress themselves… and get all the power and all the money…” (Doc #5) Singletree was giving his reason on why he opposed the Constitution, mentioning that most of the congress men that want to ratify the constitution that just want to take advantage of them. He meant that once the Constitution was ratified they would be robbed from their rights, have all their money taken away, and have total control of America in their hands. The anti-federalists also argued that once the Constitution went into effect, everyone's rights would not be protected.
Many people would say that the Articles of Confederation is a disaster. I agree that the Articles of Confederation is a failure and needs to be revised or replaced completely. These 13 colonies are more like 13 different countries. Every state has their own currency. The Government currently has very limited power over the states.
In my brief I will explore the effect of the Loving V. Virginia (1967) on the case of Obergefell V. Hodges (2015) and how it led to legalization of same sex marriage. I will prove that the 9th amendment which addresses the right to marriage did not specify that marriage should be between a man and a woman. I will also prove that the precedents set by prior cases reflected on the decision of the supreme justice. I will first explain the prior cases and discuss their rulings and reflect on the reason judges chose this. I will then discuss the Obergefell v. Hodges case and its similarity to prior cases .
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
The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with
The United States Supreme Court is not transparent to the citizens in this country and they fail to publicly reveal reasoning’s to their decisions that they have made. The courts non-transparency make people wonder and uncomfortable for congress has to openly show how they voted one bills Jeffrey L. Fisher razes this type of questions in his article “The Supreme Court’s Secret Power” in The New York Times he raises concern for the Supreme Court and the justice; claiming that they have become too powerful and the people of this country deserve to see how each justice vote due we entrusted them I the position and we deserve to know if they are in good favor.
Richard Bruno Hauptmann Incorrectly Convicted: The Unjust Reasons and Influences Behind This Court Decision Madelyn M. Von Wald Department of English, Harrisburg High School Composition 250 Mrs. Jessica Berg May 19, 2023 Richard Bruno Hauptmann Incorrectly Convicted: The Unjust Reasons and Influences Behind This Court Decision A jury condemned an innocent man to his death eighty-six years ago and his guilt still comes into question to this day.
According to the celebration of the Constitution Day, I have been able to hear the debate between Professor Ralph A. Rossum and Professor Bruce Allen Murphy about Scalia: The Jurisprudence and Legacy of an Originalist. Professor Rossum came first and talked about the composition in Constitution, some cases happening during recent years, and the ideas of Scalia. About the Constitution, he illustrates that law was not permanent, it involves documents relating to time. By discussing the significance of tax, structure, and historical analyses of establishing the Constitution, Scalia’s idea shows up that Justice will make their own mistakes based on their laws. Majority opinions cannot always be conceivable due to the jury.
Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is
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.
