Essay on The Supreme Court Of The United States

Essay on The Supreme Court Of The United States

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The Supreme Court of the United States has made many bad decisions throughout history. Whether that be the decision of the Court itself, their decision making process, the reasoning, or just by accepting the case for review can all aid in what makes a bad decision. Justice Louis D. Brandeis created a set of rules known as the Ashwander rules in his concurring opinion of Ashwander v Texas Valley Authority 1936. These guidelines were created to help the Court and future justices determine what kind of cases should or should not be accepted, and if they are accepted, what kind of things to stay away from or adhere to. The Ashwander Rules, also known as the Brandeis Rules are: No friendly suits meaning the two sides cannot have the same interest in the end result, no advisory opinions in which the Court cannot offer legal advice on theoretical cases, no decisions on constitutional questions that are not inquired about, there must be standing to sue in the case between the two parties, and lastly, if it is at all possible to create a statute as a form of resolution instead of beginning the process to change the Constitution itself, the statute is the more preferable option because statutes are easier to enact or change and the Court will avoid the constitutionality question (Ashwander v. TVA, 1936). The Ashwander Rules are largely used in determining the cases that the Court now accepts for review. If the list was used during the time of the initial cases of the Supreme Court, there might not have been all of the bad decisions in the following list of cases. However, even when the Ashwander Rules are applied, the Court still makes bad decisions including one that was decided within the last five years.
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... Super PACs registered in between their creation in 2010 to the end of 2011 (Kennedy, 2012). The influence of the wealthiest individuals and largest corporations has been super charged because of Super PACs. Super PACs exist because are they are limited to only making autonomous spending. Candidate assistance with Super PAC fundraising efforts has pushed at the boundaries of this legally directed independence, allowing a level of organization that many observers believe creates a real threat of quid pro quo corruption. States have begun to impose limits on candidate fundraising for Super PACs that could possibly impact that candidate’s success. (Working Together for an Independent Expenditure, 2015). The Federal Election Commission and State election agencies should grasp onto these efforts and make new advances within fundraising management that impose limitations.

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