A central issue for all sovereign states is the organization of their judiciary and the role it plays in furthering the peace, order and good government (POGG) as a feature of constitutional rule (Yusuf, 2014). As the highest forum for legal challenges, the final appellate court can play a crucial role in policy making. This research provides answers to what influences a state’s governing coalition in choosing a final appellate court. As challenges to policies deemed necessary for POGG percolate up the judicial hierarchy, legitimization by the judiciary is an important issue (Dahl, 1957). The concept of ‘political jurisprudence’ encapsulates the idea that judges, as well as courts, must be understood as part of the political and judicial …show more content…
The Supreme Court declared several acts of Congress to be unconstitutional, which stalled the implementation of policies the executive and legislative branches deemed necessary to address the economic challenges facing the United States during the Great Depression. This exercise of judicial review, however, did not go unchecked. The power of the executive and legislative branches to replace retiring Supreme Court justices with justices who shared the policy preferences of the elected branches was crucial to resolving the impasse with the Supreme Court. The rebalanced Supreme Court subsequently reversed itself and affirmed many key New Deal policies (Currie, 1987).
While the constitution and administration of final appellate courts are not monolithic, the role played in public policy in other states is no less important. States can decide on the appointment, number and terms of service of the judges, jurisdiction and funding for the national court. There are some states, however, that have constitutional ties to an extraterritorial judicial entity which then serves as the court of last resort. Such extraterritorial courts are located outside state borders yet exercise jurisdiction over cases originating in that state. Not all extraterritorial courts are the same. The level of control member states exert on the European Court of Justice (ECJ) is widely discussed in the extant literature on the European Union. This control is in
Franklin Roosevelt’s “New Deal” did undermine the constitutional principles of “separation of powers” and “checks and balances”. The “New Deal” did this in a few certain ways. The “New Deal” did undermine the constitutional principles of “separation of powers” and “checks and balances” by being unconstitutional. This could be found by the NIRA giving legislative power to the president. This was unconstitutional because it gave too much power to the president and attempted to control intrastate trade. This is also going against the “checks and balances”, as it is is giving much more power to the president or Executive Branch. FDR also opposed the Supreme Court's decision in the Court Packing Bill. FDR proposed that congress enact
Nevertheless, some critics argue that the judidicary, some critics argue that the judiciary are the final arbiters of what is meant by the principle of separation of powers, which therefore provides the judiciary with subordinate levels of power. Moreover Chief Justice Hughes concluding that the ‘Constitution is what the judges say it is’ due to ability to interpret the constitution. In America, although Congress may new laws affecting courts, ultimately judges decide.
The New Deal era is often cited as the time when the federal government began to assume its modern form. It was a time of unprecedented government intervention and in many ways changed the way Americans viewed government. After the Stock Market Crash of 1929, it was clear that the government was going to take immediate action. Anthony Badger’s The New Deal: The Depression Years, 1933-1940 is an outstanding summary of some of the most difficult, yet important, years in American history.
The men who served as president during their terms before FDR either focused on Hamiltonian or Jeffersonian views when making decisions for the country. They either focused on the government having more control, or on the common man having the control. FDR, on the other hand, used a combination of the two. The New Deal was created solely to improve the conditions of the United States during the Great Depression. The successes and failures of FDR’s combination of “Hamiltonian means” to achieve “Jeffersonian ends” are reflected by the New Deal with the occurrence and extremism of the court-packing scheme, the outcome of the National Industrial Recovery Ac t, and the New Deal programs helping the common man while increasing the government’s involvement.
The Great Depression was a strenuous and devastating time for the United States; with millions of Americans losing their jobs, homes, and money. The banking industry and stock market are to blame for their irresponsible practices. Fortunately, when President Roosevelt was inaugurated into presidency, he had one mission: to end the Great Depression. He created a series of programs called the New Deal. Although the New Deal was somewhat successful, numerous Americans responded negatively to the New Deal. They saw it as unlawful and waste of national fund. Subsequently, these adverse reviews proved effective in the removable of certain agencies from the New Deal.
A federalist called John Marshall, as Chief Justice of the U.S. Supreme Court, made decisions favoring a strong federal government over state government power. In Marbury v. Madison (1803) Marshall used judicial review (where the Court is the government body to decide whether laws are constitutional), this was used in accordance with the principles and power established by the Constitution. By the late 1930s, the Great Depression resulted in a dramatic change. The idea of federalism and Marshall's earlier positions returned. In West Coast Hotel Co. v. Parrish (1937) the Court extended federal power to regulate some economic activities within states. Under a broadened Commerce Clause interpretation, federal powers expanded at the expense of state powers and emphasis on the Tenth Amendment declined. The Court in NLRB v. United States (1936) reaffirmed the Wagner Act which brought labor relations under federal oversight. In addition, the Social Security Act creating a national retirement fund, passed in 1935.
As historians look back into the past today, the question arises about the controversial topic of the success of the New Deal. Conservatives tended to believe it did too much in giving the federal government too much power, while liberals repealed this idea saying Franklin Roosevelt did not go far enough into the roots of the Great Depression. The New Deal tended to become sidetracked, focusing on one subject then jumping to another, never fully developing FDR’s ideas. As a whole, it is best said that historians can all agree the New Deal did not do its job in pulling the nation out of the depression. The New Deal seemed as if it was made to help the middle and lower class just below the poverty line, but ended up hurting them the most.
“WGBH American Experience . FDR.” PBS, Public Broadcasting Service, 1996, www.pbs.org/wgbh/americanexperience/features/general-article/fdr-presidential/. Accessed 24 Mar. 2017. In brief, the “PBS FDR” article was explaining the court-packing plan as President Franklin Delano Roosevelt tried to do everything his power to get the American people out of The Great Depression, yet he faced plenty of obstacles. In President Roosevelt’s first election term, he won in a landslide and started immediately signing legislations to help get America out of the depression it was in. This was later known as the New Deal era. As programs began getting passed, conservative businessmen believed that there was no reason for the heavy taxing that they were
The United States encountered many ordeals during the Great Depression (1929-1939). Poverty, unemployment and despair clouded the “American Dream” and intensified the urgency for solutions to address and control the nationwide damage. President Franklin Roosevelt proposed the New Deal to detoxify the nation of its suffering. It can be argued that the New Deal was ineffective due to the inability to end the Great Depression with its short-term solutions and created more problems, however; it was successful in regards to providing direct relief for the needy, economic recovery and some structural reform for the majority of the general public in the severity of the Great Depression.
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
Enforcing the European Union legal system is diverse and done on multiple platforms; through not only actions taken against member states for breach of their obligations, but also, for example, through the use of direct effect1. Article 267 TFEU; an organism devised to practice private enforcement of EU law before national courts, has been critical to ensure uniform interpretation and application of EU law in member states. References for preliminary rulings occur when the national courts are presented with a question of EU law due to uncertainty of the provision. The national court will therefore ‘make a reference to the Court of Justice (COJ) to obtain a preliminary ruling on any point of EU law relevant to the proceedings’2. In
During his address in the Republican national convention of 1936, Hoover described the New Deal as “an attempt to replace the American system with a European planned existence” In addition to that, he also blamed for Roosevelt for the increasing National Debt, using Roosevelt’s Theory of Scarcity as an example of the failed attempt the Democrats have made in order to restore the nation’s economic prosperity. He then concluded his address with the claim that the New Deal reforms were what was delaying the nation’ journey to recovery and that Republicans should step up and restore the freedom that Americans once had. It is worth noting that this address came about the same time that President Roosevelt came up with a plan to replace the Supreme Court’ justices with a selection of his own, which was ultimately rejected by
The principle of supremacy of European Union (EU) law has been established over the course of more than five decades. It is a principle that was established by the European Court of Justice (ECJ) in 1964, and it has continued to have a rich history in the jurisprudence of the ECJ and national constitutional courts. As the ECJ and national courts attempt to define their respective realms of influence, a bright debate has sparked regarding constitutional pluralism. Moreover, the recent codification of primacy in the Constitutional Treaty has led to a new debate on the scope of the supremacy of EU law.
Second, between 1950s and 1960s, the number of delegates from the newly independent countries serving in international organizations has increased. The composition of the ICJ has also changed during the 60s. More seats are distributed to judges from the “third or fourth” world. While the ratio of judges from Asia and Africa has significantly increased between 1965 and 1970, dividing the cold war phase into two periods, into 1946-1966 and 1967-1984, would allow us to observe how the change in the Court’s composition affects the distribution of the judges’ votes, and how the pre-existing voting blocs (if there is any), answers to such
By simply interpreting the definition, middle powers are sovereign states that are not super powers or great powers in the field of international relations, but still have moderate or significant influence than small powers and have international recognition by other states. After the Second World War, global society became starting to be aware of the fact that there was a need for middle powers, not so directly engaged in global economics and politics, to act as intermediary in global governance. With rapid globalization process among various sectors and many states, the global society has become more interconnected and interdependent ever in terms of facing global problems as wells as regional ones. Also with the current international relations, sovereign states as middle powers, they reflect the tendency to compromise, coordinate, and cooperate in order to maintain their national interests, status quo Jeffrey Robertson, “South Korea as a Middle Power: capacity, Behavior, and Now Opportunity,” KINU, vol. 16, No. 1 (2007):. 151-174.