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Importance of the supreme court
The role the Supreme Court plays in policymaking
Special role of the judiciary in American politics
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“Every generation gets the Constitution that it deserves. As the central preoccupations of an era make their way into the legal system, the Supreme Court eventually weighs in, and nine lawyers in robes become oracles of our national identity”- Noah Feldman. The everyday workingman, mother, father, son, and daughter lives under a law that signifies the body of enforceable rules governing relationships among individuals and between individuals and their society. We follow this imaginary law to create a society that allows us to live in safety. Now when a law is broken there is a consequence, however when a particular law is broken we face the backlash from this so called “law”. But an opportunity is given to defend ourselves. The actual question here is “what is the role and function of the U.S. Supreme Court?” First and foremost the U.S. Supreme Court plays a very important role in The United States; it’s the final judgement, the Cuban cigar baby, the Cohibas, Monte Cristos, probably better recognized as the wife’s final judgement. Our constitution gives the U.S. Supreme Court the power to oversee, if necessary, the actions of Congress and our President. It actually can tell our government of a state that one of its laws breaks a rule in the Constitution. In better words, if your wife or mother says that you’re wrong you’re pretty much wrong. The Supreme Court is the final judgement in all cases involving laws of Congress. To have a better idea what I mean by this, think of a football game. You have your offense & defense and referee on a football field. Now anything affiliated with our government, state police, president and our congress are the players on the field. Now let’s just say for laughs and giggles Tom Brady throws a hai... ... middle of paper ... ... our differences just like a businessperson’s settlement in a court house. This new trend can get tricky at times, what I mean by this, before you sit in front of a panel of experts. You will need parties to choose what procedures will be used, a neutral third party or make a decision that will be based on legally binding- obey the terms within the contract and perform your duties. Fail to do so face the legal consequence of that contract or nonbinding- a solution that parties agreed to follow. This new procedure offers the ability to keep cases hidden from the public eye and not only hidden but settle the case relatively quickly. “More than 90 percent of civil lawsuits are settled before trial using some form of ADR” pg 41, there you have it, now I hope this opened your eyes to have a better understanding of the functions and role of the United States Supreme Court.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
The Supreme Court is allowed to decide the rulings for this country, but the thought is that they should only make decisions within the legal scope of the United States even if they happen to parallel foreign or international law. It is noted that those with this view tend to lean on the more conservative, Republican side. The Republican National Committee, in a piece titled “We the People: A Restoration of Constitutional Government”) states: “subjecting American citizens to foreign laws is inimical to the spirit of the Constitution. … There must be no use of foreign law by U.S. courts in interpreting our Constitution and laws. Nor should foreign sources of law be used in State courts’ adjudication of criminal or civil matters” Representative Tom Feeney, a Florida Republican, even brought up the idea of impeachment for Justice Members of the Court that didn’t act correctly in the ways of the Constitution (“We the People: A Restoration of Constitutional Government”).
Madison, declared the power of the courts to interpret the Constitution and affirmed the power of judicial review. The power of judicial review averted the judiciary branch of the inherent weakness and lack of equality in power among the three branches of government. The independence of the Supreme Court is paramount in protecting the civil liberties granted to citizens. The judicial power afforded by means of the doctrine of judicial review is not superior or above the other two branches of government. The Supreme Court’s duty is to nullify legislative acts contrary to the Constitution. Hamilton expounds the power of the courts in the Federalist Papers No. 78, “it only supposes that the power of the people is superior to both”, and judges should regulate their decisions by the fundamental laws, (Hamilton, 2008). The Supreme Court’s duty is to nullify legislative acts contrary to the
THESIS: Mapp v. Ohio and Miranda v. Arizona are Supreme Court cases that prove to be essential in protecting and strengthening individual rights in the United States. To begin with, the United States’ Supreme Court is the utmost federal court in the government, established with precedence over the lower court system. It has appellate jurisdiction over all cases concerning the Constitution and/or federal law. For a case to reach the Supreme Court, the conflict is required to be between two or more states, concerning an ambassador, or a violation of the Constitution.
In The Federalist No. 78, the conception of judiciary is introduced as a system of checks and balances to protect the civil liberties of the citizens from the other branches of government. At the same time, the judiciary concept is considered to have the least amount of power of the three branches. It is stated by Hamilton in this section of the Federalist Papers, “The Judiciary has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will” (The Federalist No. 78). The judicial system serves as a barrier in preventing the other branches of power from making decisions that infringe upon their
The Constitution was the first stepping stone in the national sovereignty of the United States. It is the supreme law that has been valued and upheld since its ratification in 1787. It holds the rights and freedoms of all Americans and gives structure to the government. To uphold this structure, the judiciary branch was established, alongside the legislative and executive, by the Constitution. However, the judicial branch did not always have the power and influence it does today. Because of the 4th Chief Justice, John Marshall, the Supreme Court eventually gained the power and ability to become coequal to the legislative and executive branches. John Marshall’s establishment of Judicial Review in the Supreme Court and his strong federalists
The Role of Courts in American Politics The third branch of the federal government is the judicial branch. Before the existence of the Constitution, a system of state courts was in place. Through much controversy and compromise a decision was accomplished, which put in place the Supreme Court. In Article III, Section 1, "The judicial power of the United Statesshall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court was initially set up as a part of the separation of powers in the American political system.
The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people
“The Constitution leaves in its wake a long legacy, forever shaping the fate of many other countries. Whether those countries are currently in a state favorable to liberty or not, it is undeniable that the U.S. Constitution’s principles have caused people to rethink how to organize their political systems” (Hang). Time has only added value to the Constitution, for every time we reference it in our lives it is a testament of our trust and loyalty in what it states about our rights as individuals and the role the government plays in our lives. When it was written, the Constitution was the law of the land that gave people rights they had previously lived without. Similarly, we live lives of choice and independence because of the same document while other countries limit all the rights we are guaranteed in the Constitution. Simply put, “The Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The Constitution places the government 's power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances”
At the apex of our federal court system stands the United States Supreme Court. It stands as the ultimate authority in constitutional interpretation and its decision can be changed only by a constitutional amendment. Two documents are responsible for its creation which is the Constitution, which explicitly creates the Supreme Court, and the Judiciary Act of September 24, 1789. The Supreme Court is the only court named in the constitution laying out the Courts basic jurisdiction, identifying the mode of selection and tenure for justices. Under Article III, Section 1 of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Article III establishes the Court as the chief authority of the judicial branch making it equal to the executive and legislative branches (Lieberman, 2003, p 3).
The Supreme Court was important in both suppressing and aiding the Civil Rights Movement. However, decisions taken by the President, the continued white opposition and improvements in media communications also had an effect. Although all were important, the Civil Rights movement alone would have reached the same end without the help of the Supreme Court, and the devotion of its many members and leaders is the major factor in advancing Civil Rights.
is one of the sole purposes of the Supreme Court of the United States. Many
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.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
The Judiciary is not only a branch but a system of courts that interprets and applies the law in the name of the state. The judiciary system also provides a mechanism for the resolution of disputes. In some places across the globe the judiciary branch does not make the law nor enforce the law, instead they interpret the law and apply it to each individual case that it needs to be applied to. The Judicial branch of our government is not only the Supreme Court but also the federal courts. One of their many jobs is to explain the laws and figure out if it is a part of the constitution. According to Article III of the Constitution of the United States it says and I quote, “Every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers.” So this is another reasons why we have the judicial system in place so that everyone has a fair chance, in a court of law. These are just some of the things that the judiciary system