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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.
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
During the analysis of Ted Cruz’s speech at Liberty University, the campaign committee used strategic setting, illustrated the American Dream and appealed to Christian values to successfully influence their audience to follow Ted Cruz in his run for president. On March 23, 2015, Senator Ted Cruz kicked off his Presidential Campaign in Virginia at Liberty University, where its socially conservative student body became a political powerhouse. According to Ken Cuccinelli, president of the Senate Conservatives Fund and former Virginia attorney general, Liberty has become a powerful organizing center for conservative activists; Liberty produces thousands of graduates who volunteer and vote for conservative causes. Cruz’s speech focused on the American Dream and the agenda of the Republican right, as he described his campaign as a movement of “courageous conservatives.”
In William Brennan’s view on the American Constitution he focused on human dignity to determine his interpretation. As he states in his essay, “But we are an aspiring people, a people with faith in progress. Our amended Constitution is the lodestar for our aspirations. Like every text worth reading, it is not crystalline.” (Brennan).
The appointment of judges has become clearly political. It is not uncommon to hear of candidates making statements with regards to contested political issues as well as the use of partisan language. According to (Bannon, 10) “For neutral arbiters, this heightened political temperature risks exacerbating pressures to decide cases based on political loyalty or expediency, rather than on their understanding of the law.” The selection of judges through popular election therefore suffers serious flaws since the electorate tend to base their decisions on charm instead of serious determinants. The results can be that the person elected as a judge turns out to be one who falls short of the glory of this office in terms of experience, legal training and education.
A major evaluation of the Texas constitution is needed. The current layout of the Texas Constitution requires frequent changes and additions that only slow down the justice system and consequently, effecting the Texas Governor. If the Governor were to change such specifications in the Constitution, reducing the strict preciseness of it, it can expand each clause, increasing productivity in
Since the establishment of the United States Supreme Court in 1789 the role and function of the court has varied depending on the need of the country. There are several different schools of thought when it comes to the purpose and the function that the Supreme Court should take, ranging from strictly ruling on constitutional matters up to weighing in on national policy cases. To evaluate what role the court actually takes, one must examine both the institutional function as well as the political function. Alexander Hamilton’s Federalist No. 78 has been considered one of the most influential pieces of work in the field, as it lays the ground work of what he believed was the role of the court.
I agree with the Supreme Court on placing emphasizes on keeping the presidential power in check but respecting the doctrine of separation of powers. The Court has the power to hear cases that involve federal questions because the
This is evident since the judicial branch cannot enforce power, it cannot approach matters, but matters have to seek the judiciary, and public opinion influences the court’s decisions to a great extent. When the President and Congress think that
The existence of the Electoral College has remained a source of debate for the population of the United States for centuries. Despite the evident discontent surrounding it, the United States is largely unaware of the disconnect between citizens’ voices and the Presidency. It can be said that popular sovereignty, no matter how pleasant a concept, has become little more than an illusion the people cling to. In short, the Electoral College is an institution that must be abolished, because it violates political equality, is unfair to third party candidates, and is not an accurate representation of the people’s votes.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
First, it was acknowledged that every individual is protected against losing their citizenship according to the Fourteenth Amendment, in Afroyim v. Rusk. That the Constitution requires, “clear and convincing evidence” that citizenship was voluntary denounced, which Congress does not have the power to constitute the standard of. Secondly, the court recognized that even though in the case of Nishikawa v. Dulles it was ruled that Congress does have the right to supply the standard of evidential proof; the case was not a fair decision based on the Constitution. Proof was left to Terrazas to show that he did not mean to denounce his citizenship.
This shows that the supreme court didn’t vote in what they believed in and rather wanted to help out their own party. If even one of the Federal Supreme Court Justices would have voted for what they actually believed in, then the outcome of the election could have been very
“An Argument that Abortion is Wrong” The debate over abortion has been going on for years, as this controversial topic has never been settled and never will be. It is due to the fact that people are entitled to their own opinions and beliefs, of whether or not abortion is permissible or impermissible. One view on abortion comes from the scholarly paper of “An Argument that Abortion is Wrong,” by Don Marquis. In this paper, Marquis attempts to show that abortion is morally impermissible by appeal to his account of the wrongfulness of killing, the “Future Like Ours” (FLO) account. With this account, abortion is impermissible due to the FLO account because life is meant for one to experience and value it, one cannot do so if they are prematurely
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.
