Judicial Compare Contrast Essay

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It is undeniable that there are differences between the powers of the judicial branch in comparison with the powers granted to the legislative and executive branches. The obvious differences include the appointment, rather than election of justices and the lifetime tenure of justices. These differences appear to be in place to limit the political influence upon justices throughout their tenure. The American public, however, still expresses distrust in the Supreme Court and by a two-to-one margin, believe politics played too great a role in recent health care cases (Hamilton, 2012). The Framers designed a severely independent Supreme Court in an effort to protect the constitution. The fear was not only of political influence upon the Justices, but that “the political branches might be able to overwhelm the Court by turning the public against the Court” (Hamilton, 2012). The Framers feared this could lead to the erosion of the boundaries placed upon congress in the Constitution. By politicizing the Supreme Court, elected officials are able to undermine public trust in the Court. And when confidence in the Court is low, congress may garner the ability to “disrupt the constitutional balance of…show more content…
Furthermore, the political claims regarding the Supreme Court are often exaggerated. In 2012, almost half of the cases during that term were decided unanimously, and the Justices votes were split by the political party of the president whom appointed them in less than seven percent of cases (Hamilton, 2012). However, many of the cases in which the decision is unanimous or split by a more distant margin than 5-4 do not attract the public or media attention more controversial cases attract. If the public were more aware of such information the political branches of the government may be less able to ignite outrage in the political leanings of Supreme Court
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