Essay on Public Opinion And Supreme Court Decision

Essay on Public Opinion And Supreme Court Decision

Length: 1043 words (3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

In illustrating that there is a direct link between public opinion and Supreme Court decision an explanation as to why this phenomenon occurs can be found. There are two main schools of thought as to why this occurs. The first was explained by Dahl (1957) which claims that public opinion affects the Court indirectly through political appointments. As previously stated, the Court responds to national economic or political alliances, which dominate the national narrative. Justices respond to this national narrative and the national narrative responds to public opinion. Dahl states that justices usually vote the political narrative of the president who appointed them and therefore are indirectly voting with the public. After all, the public votes directly for congress and indirectly votes for the president though the Electoral College; the president then appoints judge and congress confirms allowing for several avenues for which the public has been involved in the Court selection process. The president and the senate represents the national public opinion since they are publicly elected; therefore the court is indirectly responding to national public opinion. This is a theory that I agree with and that the literature written on this topic almost conclusively agrees with (Dahl 1957 and Norpoth and Segal 1994). Its well illustrated that justices’ vote with the presidential ideology of who appointed them otherwise the president would not have appointed them for it is in the president’s best interest to appoint justices who vote with them.
The second school of thought, argues that the Justices, respond directly to public opinion for they are themselves part of the public; however this theory is much more contested. Giles, Blackstone, a...

... middle of paper ...

...for it highlights societal changes and the courts response to them. If the Court matches public opinion around the same time of the majority societal shift then the Court is most likely responding to the same line on thinking the majority of the public is responding to. I believe this theory is the most probable as to why the Court shifts their opinion. I think its is an important theory to research and examine for the implications this fact could have on society. Hamilton (1788) wanted the Court to be a buffer and separate from the “ills” or trends of society. If the court was solely using the constitution and not following the public ideology issues, like gay marriage would already be decided for the constitution does not address this issue leaving up to the states. The implications of that may be discerning to many people therefore, this idea should be examined.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Judicial Process of the Supreme Court Essay

- Nature’s Judicial Process in the Supreme Court consists of decision-making; based on the jurisdiction of the Supreme Court. Although the Supreme Court has the capability to decide all extended cases; it also has the power to ascend under the Constitution, which allows the Supreme Court its jurisdiction in the Judicial Branch of government. The Judicial Process interpret the laws that are established in the Supreme Court; thus, allowing the Court to exercise its power by shifting its system under the Constitutional laws of the United States....   [tags: American Government, Supreme Court]

Better Essays
1160 words (3.3 pages)

The Court Of The Supreme Court Essays

- The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case....   [tags: Supreme Court of the United States]

Better Essays
2261 words (6.5 pages)

Supreme Court Cases Essay

- Youngstown Sheet & Tube Co. vs. Sawyer Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress....   [tags: Supreme Court Judge Court]

Better Essays
1759 words (5 pages)

The Supreme Court Decision Is Its Effect On American Livelihoods Essay

- When picking the best Supreme court cases from each generation of the court, you have to ask yourself what makes a Supreme Court decision the best. I personally feel that a good supreme court decision has to have had a massive effect on American livelihoods and shifted the way the U.S. government uses its power while governing. The most important part of a Supreme Court decision is its everlasting effects on how it helped develop the judiciary into what it is today, and regulate the powers of congress and advancing American civil liberties....   [tags: Supreme Court of the United States]

Better Essays
1415 words (4 pages)

The United States And The Supreme Court Essay

- More and more people have grown disillusioned with the Supreme Court in the last thirty years than ever before. We have seen more of a shift from decisions aimed at bettering the lives of the people, to politically driven decisions with only the elite, profiting. This fact highlights the court’s need to gradually move toward a modern and evolutionary interpretations of the Constitution, rather than trying to render “new world” decisions, from an “old world” perspective. In simpler words, the nine residents of One, First Street need to embrace the idea of a Living Constitution....   [tags: Supreme Court of the United States]

Better Essays
1242 words (3.5 pages)

The Constitution And The Supreme Court Bench Essay

- While analyzing these opinions detail by detail, reviewing his speeches and articles, it is clear that Thomas approach is to restore the meaning of the U.S. constitution. During his time on the Supreme Court bench, he has rejected the moves towards build-up, he believes that the focus should be on the actual meaning of the Constitution and not just want the court says it means due to past cases. Most if not all of the Justice’s opinions are based off originality, and public meaning this approach seeking to explain the original constitutional text....   [tags: Supreme Court of the United States]

Better Essays
1022 words (2.9 pages)

The Supreme Court And The Judiciary System Essay

- The Supreme Court is where we all look up with great hopes for justice. The Supreme Court is the place where the most important decisions of the country, the decision maker for the congress, and very importantly our constitution. The judiciary system plays a significant role in the lives of millions of Americans, which is why the framers of the constitution limited the powers of the judiciary system by the other two systems, namely legislative and the executive system. However, overtime, the judiciary system, especially the Supreme Court has drawn more powers than it is supposed to which can even harm the country....   [tags: Supreme Court of the United States, United States]

Better Essays
829 words (2.4 pages)

The Supreme Court Legalized Gay Marriage Essay

- In a 5-4 outcome, the Supreme Court legalized gay marriage, forcing all states to adopt their views as their decision became a law of the land. Thirteen states were deprived of their rights to determine their own marriage policy, rights that are protected by the Tenth Amendment in the Constitution. Arguments arise over what decisions should be reserved to the states, and when is it necessary for the Supreme Court to step in and make the decisions. There is often major controversy over the powers of the Supreme Court and whether they overstep their boundaries....   [tags: Supreme Court of the United States]

Better Essays
1085 words (3.1 pages)

Term Limits For Supreme Court Justices Essays

- Term Limits for Supreme Court Justices Article III, Section 1 of the U.S. Constitution states, “The judicial power of the United States, shall be vested in one Supreme court… The Judges, both of the supreme and inferior Courts, shall hold their offices during good behaviour…” Using the “Originalist Theory” (Scalia), one could argue that when the Founders developed the Constitution in 1786, they could not have anticipated that the average Supreme Court justice would stay in office for approximately 26 years....   [tags: Supreme Court of the United States]

Better Essays
1667 words (4.8 pages)

The Nomination Of William Rehnquist To The Supreme Court And The Power Of A Supreme Court Chief Justice

- Established in Article III of the United States constitution, The U.S. Supreme Court is the only federal branch that is comprised of non-elected members. Justices are appointed by the President with the advice and consent of Congress. The court adjudicates cases that arise through U.S. Constitutional issues (as opposed to state issues), U.S. laws and treaties, interstate cases and cases where a state itself or the U.S. is a party in the case. The Supreme Court has both original and appellate jurisdiction....   [tags: Judicial Branch Supreme Court]

Better Essays
1104 words (3.2 pages)