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Selection process of lay magistrates
Selection process of lay magistrates
Selection process of lay magistrates
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The Political Supreme Court It is nearly impossible to avoid politics during the appointments of high profile positions; therefore, the idea that Supreme Court is above politics when referring to its appointments is giving to much credit to that entity. The appointments of the Supreme Court, as with any political body, correlate no only to the media's portraying, but also to interest group the President wishes to appease. A very recent example of the politics involved in Supreme Court appointments was the 2001 election. It was assumed that the next president would probably be making three new appointment to the Supreme Court. Because of this fact, the president could use this politial power to his advantage: that is to sway interest groups that had not previously supported him. For example, since Bush's female support was not that high because of his stance on abortion, it would help him a great deal to nominate a female to the Supreme Court. A female to the Supreme Court adds many points to Bush's plate because it appeases the female audience as well as the Pro-Choice activists. His second appointment would probably be more conservative to appease his Republican interest groups. Continuing on this idea of appeasing interest groups, their are a few major bodies that have political weight in the appointments of the Supreme Court. It seems obvious that an appointment that is made will not...
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
Gevinson, A. (2009, July 28). Supreme Court Nominations | Teachinghistory.org. Retrieved February 19, 2014, from http://teachinghistory.org/history-content/ask-a-historian/22435
Not all agreed with the President’s choice of nominee. In fact, some referred to his choice as a judicial activist. (Baker, 2009) Yet, because Judge Sotomayor was replacing liberal Justice Souter, it was no surprise. As the hearings began, the conservative concerns were apparent among the hearing. Three issues that are listed above are believed to be the most relevant during the questioning. Impartiality was raised during a number of issues. Because of Judge Sotomayor’s bold opinions and previous speeches made, her ability as a judge to look at issues regarding the law impartially questioned many. For example, her belief regarding the deference to Congress’ intent was raised. The issue regarding her impartiality was seen in Senator Cardin’s (D-MD) questioning. Sotomayor responded by explaining how a judge’s job is to apply the law to the unique facts of the individual case. In addition, she repeatedly discussed the importa...
Life tenure creates at least three problems. First, it allows bad judges to stay on the bench for an indefinite period of time. Second, life tenure allows all judges, including those judges who were very good at what they did, to stay on the bench even after they are long past doing their best work. Third and finally, life tenure allows justices to “rig the system”, as their productivity and effectiveness drastically decrease, while they wait for a president to nominate their successor who has similar viewpoints to theirs (Lazarus
Opinion: The court ruled that the national courts do have the authority to determine the Constitutionality of an appointment made in the Legislative Branch. Justice William J. Brennan Jr. wrote the opinion that this case did not prevent judicial review because it did not bring up a “political question.” It did not bring up an issue to be discussed by a different government branch. This was a separation of powers
Judicial Tyranny: The New Kings of America? Is a conglomeration of articles and short essays that attempts to expose the federal court’s relatively recent intrusion into our way of life by way of immoral legislative influence; made possible by presidents, congressmen, and apathetic voters who have relinquished their consent without contest. The author, Mark I. Sutherland and his associates believe that the Constitution’s system of checks and balances between the three branches of government has been usurped by an overreaching, immoral federal court system. The book explores how Judges have been influencing and shaping social and political policy for years by legislating from the judicial bench. In short, Americans have exchanged the rule of law for the rule by the judges. However, it does a poor job in addressing other major issues concerning the federal court system as a whole.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
In whether justices be elected to office or appointed is: Justices should be elected instead of appointed. This is because members of congress usually engage in agenda setting since they want to satisfy their constituents (Arnold, 2004). Therefore since many constituents are concerned with crime, it is easy to please the constituent by focusing on crime. For elected offic...
In no other democracy does a court hold so much political power and in particular power over public policy decisions.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Different forms of elections are employed to elect the judges in thirty-nine states in the U.S. The elections are either partisan i.e. with candidates endorsed by a political party, non-partisan i.e. with candidates not endorsed by any party, or retention i.e. with appointed judges running in election just to retain their seats in the bench. Given that almost all matters of socio-economic controversies ranging from gay marriage to abortion are settled inside the walls of a court by judges, the process of selection of judges itself has become controversial over the years. First started as a method to stop executive control over judicial authority, judicial elections are the most common method of selection of judges.
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
Lately, the American Highest Court has been attractive in liberal engagement. Such liberal involvement has been ongoing since the arrival of the Hole Court, sustained through the Burger Law court and into the Rehnquist Law court. The best-known case of liberal involvement is Roe v. Wade in which the Law court struck down preventive abortion laws as sacrilegious ‘the correct to privacy’ it had before found characteristic in the ‘owing process’ section of the Fourteenth Alteration. The renowned
The American Political System The American political system is a federal system, which consists of